Mr.Amal vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.647/2022 of Nedupuzha Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 363, 354D, 376(2)(n), 366A of the Indian Penal Code, 1860 apart from Sections 4(1) r/w Section 3(a), 6(1) r/w (5)

(l) Section 7 r/w Section 8, Section 10 r/w Section 9(l) and Section 12 r/w Section 11(ii)(iv)(v), 14(1) r/w Section 13(b)(c) and 15(2) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused had in the year 2021, taken nude photographs of the victim in his mobile phone, after taking her to his house and thereafter, under threat of publishing the said photographs in the internet, committed aggravated penetrative sexual assault on the victim in June and July of 2022 and thereby committed the offences alleged.

Sri.Martin Jose, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that even going by the statement of the victim, there is no allegation of penetrative sexual assault or aggravated sexual assault. According to learned Counsel, even if the prosecution case is admitted, it would only reveal an instance of Sections 511 and 376 of IPC and therefore, considering the period of detention already undergone, and the age of the accused, he ought to be released on bail.

Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that even though the final report has been filed and the matter is pending as SC No.1186/2022 before the Sessions Court, Thrissur, releasing the petitioner, at this juncture, would cause prejudice to the victim and the witnesses.

I have considered the rival contentions and have gone through the statement of the victim.

Even though the allegations are serious in nature, considering the young age of the petitioner as well as the period of detention already undergone from 10.08.2022, I am of the view that the continued detention is not essential and the petitioner can be released on bail on conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Nedupuzha Police Station till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

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