Muhammed Sharooq vs State Of Kerala

Gopinath P, J

This is an application for Regular Bail

The petitioner is the sole accused in Crime No.755/2023 of Ottapalam Police Station, Palakkad District, alleging commission of offences under Sections 363, 376, 376(2)(n) and 354-D(1)(ii) of the Indian Penal Code and Sections 4(i), 3(a), 6(i), 5(1) and 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act. The allegation against the petitioner is that the petitioner befriended the victim over social media and thereafter, entered into sexual relationship with her and committed rape on her, at the house of the defacto complainant.

The learned Counsel appearing for the petitioner would submit that the petitioner is aged 25 years and has been in custody from 29.07.2023. It is submitted that the petitioner and the alleged victim were in a romantic relationship and the petitioner was made to believe that the victim had already attained the age of majority. It is submitted that the victim was aged 17 years and 9 months on the date on which the offences are alleged to have been committed. It is submitted that the petitioner has been in custody for 55 days and his further detention is not necessary for the purposes of completing the investigation into Crime No.755/2023 of Ottapalam Police Station. It is also pointed out that on the allegations raised by the same victim yet another case numbered as Crime No.756/2023 has been registered at the Ottapalam Police Station alleging that the victim was sexually assaulted by another person. It is submitted that this Court has granted bail in that case through Annexure-1 order.

The learned Public Prosecutor referred to the facts of the case. He states that the allegations against the petitioner are serious. It is submitted that the petitioner is aged 24 years and the minor victim was aged 17 years when the alleged offence was committed. It is submitted that there are allegations of sexual assault on atleast five occasions and therefore the petitioner cannot be released on bail at this point of time. It is submitted that there is medical evidence of sexual assaults.

Having heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner has already been in custody for 55 days. His further detention is not necessary for the purposes of completing the investigation into the case. According to the petitioner, he was in a romantic relationship with the victim. Taking all these facts cumulatively into consideration, I am of the view that the petitioner can be granted bail.

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.755/2023 of Ottapalam Police Station as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.755/2023 of Ottapalam Police Station;

(iv) The petitioner shall not enter the local limits of Ottapalam Police Station except for the purpose of complying with condition No.(ii) above;

(vi) 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.755/2023 of Ottapalam Police Station may file an application before the jurisdictional Court for cancellation of bail.