Nikhil vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner was the 1st accused in Crime No.613 of 2022 of Ambalavayal Police Station. Later, Crime No.613 of 2022 was merged with Crime No.612 of 2022, wherein the petitioner was shown as the 4th accused. The offences alleged against the petitioner are under Sections 370, 354, 354A (1)(i), 376(2)(n) of IPC, Section 3(a) r/w 4, 5(I) r/w 6, 11(v) r/w 12 and Sec.17 of the Protection of Children from Sexual Offences Act, 2012, Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, and also Sec.3(2)(a) r/w 4(2)(c) of the Immoral Traffic (Prevention) Act, 1956.

Allegations against the accused persons are as follows: The victim, aged 17 years, left home on 21.06.2022 after quarrelling with her mother. Later, she came in contact with the 3rd accused, and he raped her and also used her for prostitution by taking her to different places in different parts of Kerala. In the third week of July, 2022, the 3rd accused brought the child for prostitution and accommodated her in a tourist resort, where the petitioner was working as the manager. It is alleged that the petitioner also committed rape, and he also presented her to some other persons for prostitution. As part of the investigation of the case, the petitioner was arrested on 25.10.2022. Earlier, the bail application submitted before the Special Court (Additional Sessions Court-I), Kalpetta, was dismissed, and this application is submitted in such circumstances.

Today, when the matter came up for consideration, the learned counsel for the petitioner points out that, even though more than 90 days are over, no final report has been submitted in this case, and therefore, the petitioner is entitled to statutory bail.

The learned Public Prosecutor confirms that no final report has been submitted. In such circumstances, the petitioner is entitled to statutory bail as contemplated under Section 167(2) of Cr. P.C, because, he was arrested on 25.10.2022, as of today, the period of detention exceeded 90 days. Since the same is a statutory entitlement of the petitioner, in the event of failure on the part of the prosecution to file the final report, he is to be released on bail. In the result, this application is allowed.

Petitioner is directed to be released on bail subject to 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 each for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully cooperate with the investigation.

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

(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 in 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 the State of Kerala without the permission of the trial Court.

(vii) Petitioner shall surrender the passport before the jurisdictional court. If he does not have a passport, an affidavit to that effect shall be submitted before the jurisdictional court.