Mithun vs State Of Kerala

Ziyad Rahman A.A., J

This is an application for regular bail.

The petitioner is the accused in Crime No. 243/2023 of Vadakkekara Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 376 (2) (j), 354, 354 (A) (1) (i), 354 B, 506 and 212 of IPC and under Sections 4 r/w 3(b), 8 r/w 7, 12 r/w 11(iv) of POCSO Act, 2012.

The prosecution case is that, the petitioner and the victim, who is a minor, got acquainted with each other through Instagram and they were in regular contact. On 30.11.2022, at about 11 pm, the petitioner herein entered the house of the de-facto complainant and forcefully hugged the de-facto complainant and kissed her. Later, he forcefully removed the t-shirt of the de-facto complainant and pressed her breast and also inserted finger to the vagina against the will of the de-facto complainant. It is alleged that, later the petitioner threatened the defacto complainant that if any complaint is filed against him, he will commit suicide.

The crime was registered in such circumstances and the defacto complainant revealed the said incident at that point of time. As part of the investigation, the petitioner was arrested on 23.063.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Sasith M.R,  the learned counsel appearing for the petitioner and Sri.Hrithwik, C.S, the learned Senior Public Prosecutor appearing for the State.

I have carefully gone through the records. One of the crucial contentions raised by the learned counsel for the petitioner is that, the petitioner and the defacto complainant were in love affair. From the materials placed on record including the statement of the victim, the relationship between the petitioner and the victim was revealed. The petitioner is aged only 24 years. Now he has been under judicial detention, since 23.06.2023 and no criminal antecedents of the petitioner were also brought to my notice. Considering the circumstances under which the alleged incident occurred and the relationship between the parties, I am of the view that, further incarceration of the petitioner is not necessary. He can be granted bail with appropriate condition to ensure that the petitioner is not influencing or intimidating the victim.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:-

1) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.

2) The petitioner shall fully cooperate with the investigation.

3) The  petitioner  shall  appear  before  the  Investigating  Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

4) The petitioner shall appear before the Investigating Officer as and when required.

5) The petitioner shall not commit any offence of similar nature while on bail.

6) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

7) The petitioner shall not leave India without the permission of the jurisdictional court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.