Rakesh@ Aniyayi vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The petitioner is the sole accused in Crime No.360/2022 of Kuravilangadu Police Station, Kottayam District alleging commission of offences punishable under Sections 354A(I)(III), 324, 506 of the Indian Penal Code & 12 r/w 11(iii) of Protection of Children from Sexual Offences Act.

The gist of the prosecution case is that the accused compelled the minor victim aged 13 years to see pornographic pictures on his mobile phone and when the victim objected to the same, the petitioner inflicted burn injuries on her left shoulder with a cigarette and thereby he committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner is 40% mentally retarded and refers to Annexure-I which indicates that the disability is permanent. It is submitted that the petitioner was unaware of the consequences of his action and that benefit may be extended to the petitioner. It is submitted that the petitioner has been in custody for 17 days and his continued detention is not necessary in the facts and circumstances of the case. It is also submitted that all the offences alleged against the petitioner are punishable with imprisonment upto 3 years.

The learned Public Prosecutor opposes the grant of bail and points out the facts and circumstances appearing from the record. It is also submitted that the grant of bail to the petitioner may not be conducive as the petitioner and the minor victim are neighbors and if the petitioner is released on bail, there is every chance of minor victim being intimidated again and the chances of similar offences being committed are high. It is also submitted that a statement under Section 164 Cr.P.C was recorded from the victim and the mobile of the petitioner has also been seized.

Having regard to the facts and circumstances of the case and considering the contents of Annexure-I medical certificate issued by a medical board constituted under the Department of Health Services, Government of Kerala, I am of the opinion that the petitioner can be granted bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.360/2022 of Kuravilangadu Police Station, Kottayam District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.360/2022 of Kuravilangadu Police Station, Kottayam District;

(iv) The  petitioner  shall  not  enter  the  local  limits  of Kuravilangadu Police Station except for the purpose of complying with condition No.(ii) above until further orders;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.360/2022 of Kuravilangadu Police Station, Kottayam District may file an application before the jurisdictional Court for cancellation of bail.