Muhammed Anshif. V.P vs State Of Kerala

@Judgmenttag-Judgment

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.874/2021 of Kondotty police station, alleging commission of offences under Sections 376(2)(n) of the Indian

Penal Code and Sections 6(I) of Protection of Children from Sexual Offences Act and Section 67(B) of the Information Technology Act.

Allegation against the petitioner is that, after pretending to be in love with the minor victim girl, the petitioner committed aggravated sexual assault

and rape on the victim and thereby, he committed the offences alleged against him. It is also alleged that the petitioner obtained several nude pictures

of the victim girl and thereby he also committed the offence under Section 67(B) of the Information Technology Act.

Learned counsel appearing for the petitioner submits that the petitioner is aged only 21 years and that he and the victim girl were in a relationship. It

is submitted that the victim girl had raised similar allegations against another person and refers to the First Information Statement in Crime

No.875/2021 of Kondotty police station in that regard. It is submitted that the petitioner has been in custody since 12.12.2021 and his continued

detention is not necessary for the purpose of any investigation.

Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that the petitioner had committed aggravated sexual assault and

rape on a 16 year old girl and that the offences alleged against the petitioner are serious. It is submitted that the petitioner is not properly co-operating

with the investigation and that the motor cycle in which the petitioner reached the house of the victim is yet to be recovered. It is submitted that the

grant of bail, at this stage, may affect the progress of investigation. It is also submitted that if the petitioner is granted bail, there is every chance that

the victim and other material witnesses may be influenced.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 40 days and also

considering the fact that he is only aged 21 years and also taking a lenient view, I am of the opinion that the petitioner can be granted bail subject to

strict conditions including a condition that he shall produce the motor cycle in which he is alleged to have visited the house of the victim before the

investigating officer within two days of his release on bail. This condition is incorporated on the undertaking of the learned counsel appearing for the

petitioner that the motor cycle in question will be produced before the investigating officer. Accordingly, this application for bail is allowed and it is

directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the

jurisdictional court;

(ii) Petitioner shall, on his release on bail, appear before the investigating officer in Crime No.874/2021 of Kondotty Police station at 09.00 am on 26.01.2022 and also

on 27.01.2022 and shall also surrender the motor cylce allegedly used by him to go to the house of the victim and thereafter he shall appear before the investigating

offficer as and when called upon to do so. The petitioner shall co-operate with the investigation in every manner possible;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No. 874/2021 of Kondotty police

station;

 (iv) The petitioner shall surrender his passport before the jurisdictional court. 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;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.874/2021 of Kondotty police station may file

an application before the jurisdictional court, for cancellation of bail.