Mohammed Jinas vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.380/2021 of Manjeri Police Station alleging commission of offences under Sections 363, 376 (3) of the Indian Penal Code and Section 3 (a), 4 (2), 11 (iv) read with 12 of the Protection of Children from Sexual Offences Act. The allegation against the petitioner is that he committed sexual assault on the minor victim girl aged 15 years on 07-08-2021 at about 1.30 a.m after kidnapping the victim girl from her mother's house. The petitioner was arrested on 08-08-2021 and is in custody ever since. Following the investigation of the matter a final report has been filed before the Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri and the case is now pending as S.C. No.1072/2021. The learned counsel for the petitioner submits that the petitioner and the victim were in love with each other and though she had voluntarily gone with him on his motor bike on 07-08-2021. It is submitted that there is no element of compulsion or coercion or any act of kidnapping as alleged by the prosecution.

The learned Public Prosecutor would submit that the question of consent of the victim is immaterial as admittedly the victim is a minor. The investigation and the medical report of the victim girl suggest beyond reasonable doubt that the girl was subjected to sexual assault in the manner suggested by the prosecution. It is submitted that the offences alleged against the petitioner are grave and serious. The learned Public Prosecutor says that no bail should be granted to the petitioner.

Having regard to the facts and circumstances of the case and considering the fact that a final report has already been filed before the Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri and also considering the fact that the petitioner has been in custody from 08-08-2021 I am inclined to grant bail to the petitioner subject to strict conditions.

(i) The petitioner shall execute bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum to the satisfaction of the Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri. This is to ensure that the petitioner does not abscond;

(ii) The Petitioner shall appear before the Station House Officer of Manjeri Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in S.C. No.1072/2021 of Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri;

(iv) The petitioner shall not enter the local limits of the Manjeri police station where the de facto complainant is residing, except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

The Station House Officer, Manjeri Police Station will ensure that these conditions are not violated in any manner by the petitioner and if any violation is noticed the said officer will approach the Special Court for the Trial of Offences against Children (Additional Sessions Court-I), Manjeri for cancellation of bail.