Nidhin @ Manikuttan vs State Of Kerala

Shircy V, J

The petitioner apprehending arrest in connection with Crime No.465/2021 of the Kottayam East Police Station, registered for the offences

punishable under Sections 341, 354A, 406, 420, 450, 376(2)(n) r/w Section 34 of the Indian Penal Code and Section 5(I) r/w Section 6, 9(I) r/w Section

10, Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act has moved this application for pre-arrest bail.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

It is the case of the prosecution that, the 1st accused had acquaintance with the defacto complainant a minor girl aged only 12 years. He had

committed sexual assault on her on various days. He had also collected her gold ornaments and money with the knowledge of this petitioner/2nd

accused and the 3rd accused and failed to return the same and thereby committed the aforesaid offences.

Admittedly there is no allegation of sexual assault against this petitioner or the 3rd accused. The allegation of the prosecution regarding sexual

assault is against the 1st accused alone. The 1st accused has been arrested and he is undergoing incarceration.

The learned counsel submits that though this petitioner is a friend of the 1st accused, he has absolutely no connection with the alleged incident of

collecting gold ornaments from the victim involved in this case. He has not instigated the 1st accused so as to gather or collect gold ornaments or

money belonging to the victim, but he has been implicated in this false case. Hence, this application.

The learned Public Prosecutor has submitted that there is no allegation of sexual assault against this petitioner and the investigation of the case is

well in progress.

Having regard to the nature of the accusations levelled against this petitioner, I am convinced that custodial interrogation of this petitioner is not

required in this case. Moreover, the gold ornaments alleged to have been collected by the 1st accused from the victim had already been recovered by

the investigating agency. That be the case, I think that this application for pre-arrest bail can be disposed of subject to the following conditions:

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum each to

the satisfaction of the investigating officer in the event of his arrest.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He 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.

(v) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.