Muhammed Shamnad vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.494/2021 of Kottakkal Police Station, Malappuram District, alleging commission of offences under

Sections 376(1), 342 & 448 of the Indian Penal Code and Section 5, 5(j)(ii), 6 of Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner trespassed into the house of the de facto complainant at about 11.20 p.m., on 8.2.2021 and

wrongfully restrained 17 year old daughter of the de facto complainant and sexually assaulted her and committed rape on her, following which the

victim became pregnant and delivered a baby boy on 20.10.2021.

The learned counsel for the petitioner submits that the petitioner and the daughter of the de facto complainant were in love with each other. It is

submitted that the petitioner is aged only 21 years and that the petitioner intends to get married to the alleged victim as soon as she attains the age of

majority. It is submitted that the victim will attain the majority on 6.2.2022. It is also submitted that since a baby boy has been born out of the

relationship of the petitioner with the victim, the parents of the petitioner and the parents of the victim had decided to solmenise the marriage of the

petitioner with the victim girl. The learned counsel for the petitioner also refers to Annexure-IV affidavit executed by the de facto complainant, the

father of the victim, where he affirms that the marriage between the petitioner and the minor victim girl is proposed to be solemnised as soon as the

minor victim girl attains the age of majority on 6.2.2022.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner has been in custody for 80

days and also taking into account the contents of Annexure-IV, I am of the view that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.494/2021 of Kottakkal Police Station, as and when called upon to do so;

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

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If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 494/2021 of Kottakkal Police Station, may file an application

before the jurisdictional Court for cancellation of bail.