Nikhil Kumar vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.213/2022 of Ponnani Police Station, Malappuram District. The offences alleged against the petitioner are under Sections 363, 354D 376(2)(n), r/w Section 34 of the Indian Penal Code, 1860 and Sections 6(i) r/w Section 5(l), Section 8 r/w Section 7, Section 12 r/w Section 11(ii)(iv), and Section 17 r/w16(II) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that on 19.04.2022, the 1st accused took the minor girl, aged 17 years in his car and travelled to different places like Pollachi,Wyanad and committed penetrative sexual assault on her. The prosecution also alleges that two other accused facilitated the 1st accused to commit the aforesaid offences.

Sri.Suresh Joseph, learned counsel for the petitioner contended that the entire case is falsely foisted against the petitioner and that the petitioner is totally innocent. It is also submitted that the petitioner was arrested on 27.04.2022 and has been in custody since then. He further pointed out that the petitioner and the victim were in love and they were intending to get married after the victim attained the age of majority.

Smt.Nima Jacob, learned Public Prosecutor on the other hand opposed the the grant of bail and submitted that the petitioner has committed a heinous crime.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 27.04.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his executing a 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

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

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.