Nagaraj.H vs State Of Kerala

The petitioner is the sole accused in Crime No. 170/2019 of Bekal Police Station which has been registered for offences punishable under Section 376 of the IPC and Sections 3(a), 4 and 5(1) r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The brief of the prosecution case is that the petitioner/accused, who is now aged 21 years, had promised the minor victim girl, aged 17 years to marry and that some time six months prior to her complaint given to the Police on 03.04.2019, the petitioner/accused had sexual intercourse with her at her house, that about six months prior to the complaint given by her brother , the minor victim girl had eloped with the petitioner and he had taken her to a house at Panayal Grama Panchayat and had sexual intercourse with her on several occasions.

It appears that a 'person-missing' case was registered under Section 57 of the Kerala Police Act after the girl had eloped with the petitioner and later she was produced before the competent Magistrate Court and thereupon her statement was recorded that she had on her own gone with the boy as she was having a love affair etc. and that they had sexual relationships at that time. Thereafter, the offences as per Section 376 and the abovesaid provisions of the POCSO Act has been registered in respect of the abovesaid crime.

The counsel for the petitioner would submit that the petitioner has been under remand since 03.04.2019. The counsel for the petitioner also submits that even going by the prosecution case, the incidents happened only on the basis of a love affair and that the petitioner, who is now aged 21 years and further that the parents of the girl has sworn to an affidavit stating that in view of the love affair, it has been decided to conduct the marriage of the petitioner with the girl after she attains the age of 18 years . It is submitted that the date of birth of the minor victim girl is 01.01.2002 and she will complete the age of majority of 18 years only on 01.01.2020. It is further pointed out that the continued detention of the petitioner is not necessary and this Court may grant regular bail subject to any strict conditions. The learned Prosecutor has opposed the grant of bail and submitted that the investigation has not so far been completed and it is likely that the petitioner may influence or intimidate the witnesses including the minor victim girl etc.

After having heard both sides and evaluating the facts and circumstances of this case, this Court is of the view that the continued detention of the petitioner is not necessary. The apprehension of the prosecution that the petitioner is likely to influence the witnesses including the minor victim girl would be alleviated by directing that he shall not reside anywhere within the territorial limits of the Police Station, where the minor victim girl is residing until the completion of investigation. Accordingly, it is ordered that the petitioner shall be released on bail on his executing bond for Rs.40,000/- (Rupees Forty Thousand only) and on furnishing two solvent sureties for the like sum both to the satisfaction of the competent court below concerned.

However the grant of bail will be subject to the following conditions:-

i. The applicant shall appear before the Investigating Officer on every 2nd and 4th Saturdays, at any time between 10 am and 1 pm, for a further period of 3 months or till final report is filed, whichever is earlier.

ii. He shall not intimidate or attempt to influence the minor victim girl, witnesses; nor shall he tamper with the evidence.

iii. He shall not commit any offence while on bail.

iv. The petitioner shall not go anywhere near to the educational institution or residence of the minor victim girl.

v. The petitioner shall not reside or enter within the territorial limits of the Police Station where the minor victim girl is residing until the conclusion of trial, except for the limited purpose of reporting before the Investigating Officer concerned in this crime, or for attending to the Court in relation to this case or any other cases or for contacting his lawyer/advocate concerned.

If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned shall stand hereby empowered to consider the plea for cancellation of bail if required, and pass appropriate orders in accordance with law.

With these observations and directions, the above Bail Application will stand disposed of.