Muneer vs State Of Kerala

Dr Kauser Edappagath, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.505/2022 of Vazhakkulam Police Station. The offences alleged against the petitioner are punishable under Sections 363, 354 and 506(i) of IPC and Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act.

The prosecution case in short is that on 14.12.2021 at about 1.30 pm., while the victim, after her exams, was walking towards the bus stop, the petitioner came in a bike and threatened her to come with him to Malankara dam. It is further alleged that when they reached the Malankara dam, the petitioner hugged and kissed the victim on her cheeks and lips and thereafter dropped her back at Thodupuzha bus stand.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The crime was registered pursuant to a complaint given by the victim’s uncle at Vazhakulam Police Station. Even though, the alleged incident was on 14.12.2021, the first information statement was lodged only on 1.6.2022. The victim was examined by a doctor on 1.6.2022. The history as narrated by the victim has been noted by the doctor, a copy of which has been placed before me by the learned Public Prosecutor. It would show that the victim stated to the doctor that she was in love with the petitioner for the last two years and both of them voluntarily without the knowledge of their parents, went to Malankara dam on 14.12.2021 and they came back after one hour. If is further stated that on 20.5.2022 on the date of her birthday, the petitioner gave her a gift which her parents, later on, came to know and accordingly, the FIR was lodged. The petitioner is in custody since 1.6.2022. Considering the entire facts and circumstances of the case, I am of the view that further custody of the petitioner is not necessary. The petitioner has no criminal antecedents. The petitioner is a youngster aged 22 years. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The  petitioner  shall  appear  before  the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.