Nidhin Manoj vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No. 1272/2022 of Kanjirappally Police Station, Kottayam District. The offences alleged against the petitioner are under Sections 366A, 376, 376(2)(n) & 109 r/w Section 34 of the Indian Penal Code, 1860 apart from Section 4 r/w Section 3, Section 9(l), and Section 17 r/w Section 16 of the Protection of Children from Sexual Offeces Act, 2012.

According to the prosecution, the accused committed penetrative sexual assault on the victim, aged 17 years, on 12.09.2022 as well as on four earlier occasions, after kidnapping her from Balika Bhavan and the offences were abetted by accused Nos.2 and 3.

Dr.V.N.Sankarjee, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident alleged had not occurred. In any event it was submitted that petitioner is only 19 years in age and has been in custody since 12.09.2022, and therefore, further detention ought not to be permitted.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that the investigation is still going on and therefore, releasing the petitioner on bail at this juncture, would cause prejudice.

I have considered the rival contentions.

Petitioner is only 19 years in age and has been in custody since 12.09.2022. Considering the circumstances, including the age of the victim, as well as the age of the accused, I am of the view that even though the allegations are serious, further detention is not essential for the purpose of investigation.

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

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.