AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
27 paragraphs · 486 wordsShircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
The petitioner is the accused in Crime No.428 of 2021 of Mukkom Police Station registered for the offences punishable under Sections 376(2)(n),
450 of the Indian Penal Code and Section 6 r/w 5(l)(n), 10 r/w 9(l) of the Protection of Children from Sexual Offences Act, 2012.
He has been in custody since 29.05.2021.
The allegation is that the petitioner had committed rape on a minor girl on 6.7.2018 after taking her from her lawful custody and thereafter on a
subsequent date he trespassed into her residential house and committed aggravated penetrative sexual assault on her and thereby committed the
aforesaid offences.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
The learned counsel for the petitioner has submitted that he has been falsely implicated in the case by the relatives of the defacto complainant. In
fact he was having acquaintance with her through Instagram right from the year 2018. His intention was to marry her. When it was realized by her
parents, they opposed the same and instigated her to lodge this false complaint against him. Thus he has been booked in this case. In fact, he has not
committed any sexual assault as alleged by the prosecution. But he is undergoing unnecessary incarceration for about three months and hence, this
application.
The learned Public Prosecutor has no serious objection in granting bail as the investigation is practically over.
The petitioner is aged only 22 years and he has been in custody since the date of his arrest on 29.5.2021. As the investigation of the case has
progressed and it is nearing completion, his further detention may not be required for the investigating agency to submit the final report. Moreover he
has no criminal antecedents.
Taking into consideration of all these facts, I am inclined to enlarge him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to
the satisfaction of the court having jurisdiction.
 (ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Special Judge is empowered to cancel the bail in accordance with the law.
The bail application is allowed accordingly.