Muhammed Navas @ Babu vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the first accused in Crime No.126/2022 of Cherpulassery Police Station, Palakkad District registered for offences under Sections 363 and 376(1) of the Indian Penal Code, 1860, Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 4(1) r/w Section 3(a), Section 12 r/w Section 11(vi) of the Protection of Children from Domestic Violence Act, 2005.

The prosecution case is that on 15.03.2022, the victim was found missing and after registering a child missing case when the investigation was being carried on, it was revealed that the victim was kidnapped from the local guardianship of her parents by the first accused and entrusted her with the 2nd accused who had sexual intercourse with her. Thereafter, the victim was handed over back to the first accused, who again sexually assaulted her after compelling her to consume alcohol and narcotic drugs and thereby the accused committed the offences alleged.

Sri.Nireesh Mathew, the learned counsel for the petitioner submitted that the entire allegations against the petitioner, who is arrayed as the first accused is totally false. He submitted that the victim herself had given a statement to the police alleging that no one had assaulted her nor touched her body.

Sri.C.K.Suresh, the learned Public Prosecutor on the other hand contended that the victim was subjected to serious penetrative sexual assault by the accused and that the offence being serious in nature, petitioner ought not to be released on bail. He submitted that the petitioner was arrested on 02.06.2022.

A perusal of the case diary and on verifying the medical records relating to the defacto complainant, I am satisfied that the continued detention of the petitioner is not warranted. In this context, it is relevant to mention that 2nd accused has already been released on bail by the Sessions Court.

In view of the aforesaid circumstances, I allow this bail application on the following conditions :-

(i) Petitioner shall be released on bail on him executing a 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.