Reyon Antony vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.124 of 2022 of Pattanakkad Police Station registered for the offences punishable under Sections 341, 354, 354A(1)(ii), 354B, 354D, 363, 370A(1), 370(4), 376(3), 376(2)(n) and 506 of the Indian Penal Code, 1860 and also under Sections 4(2) r/w Section 3(a), Section 6(1) r/w. Section 5(l), Section 8 r/w Section 7, Section 10 r/w Section 9(l) and Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, under the pretext of love, the petitioner forced the victim girl, aged 15 years, to have sexual intercourse with him on 15.02.2022 and thereby committed the offences alleged.

Sri.Raphael Thekkan, the learned counsel for the petitioner submitted that though the alleged incident was on 15.02.2022, petitioner was arrested on 17.02.2022 and since then he has been in custody. It was further submitted that the nature of allegations in the present case, do not create an offence of rape, and that the allegation of rape is levelled only because the victim's father is a Police Officer. It was also submitted that while considering this bail application, the age of the petitioner ought not to be ignored.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that petitioner has serious criminal antecedents and that too for commission of similar offences and therefore releasing the petitioner on bail may be prejudicial to the society. It was also submitted that petitioner is involved in Crime No.65/2020 of Chittoor Police Station, Crime No.1162/2020 of Pattanakkad Police Station, Crime Nos.2186/2020 and 2187/2020 of Cherthala Police Station.

I have considered the rival contentions and perused the records of the prior crimes in which the petitioner is alleged to have committed the offences. Though the allegations of commission of rape and other offences are at different locations on different dates, separate crimes have been registered, even though the victim in all those crimes are the same. Further while perusing the statement of the victim in the present case, nature of act committed by the petitioner cannot be ignored.

The nature of allegations in the present case, the custody of the petitioner since 17.02.2022, coupled with his young age, all of those persuade this Court to release him on bail. This is more so since the final report has already been filed. Thus, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him 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. One of the sureties shall be an immediate family member of the petitioner.

(b) Petitioner shall co-operate with the trial of the case.

(c) Though the final report in the instant case has already been filed, having regard to the nature of the crime, the petitioner shall report before the Investigating Officer every 4th Saturday between 9 a.m and 11 a.m, till the conclusion of the trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.