Saranraj vs State Of Kerala

@Judgmenttag-Judgment

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.729/2021 of Vandanmedu police station, Idukki district, alleging commission of offences under Sections 363,

365, 30, 370A, 376(2)(n) of the Indian Penal Code and Section 3(a) r/w.4(2), 51 r/w. 6 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that, pretending to be in love with the victim girl, who is stated to be 17 years of age (on the date of registration of

the First Information Report) the petitioner sexually assaulted her and also committed rape on her during the period from October 2019 till October

2021.

Learned counsel appearing for the petitioner submits that the petitioner and the victim girl were in love with each other. It is submitted that the

complaint was given on the basis of some misunderstanding. It is submitted that the petitioner was arrested on 22.10.2021 and has completed 91 days

in custody. It is submitted that the final report has already been filed in the matter and that the continued detention of the petitioner is not necessary for

the purpose of any investigation.

Learned Public Prosecutor taken me through the statement given by the victim and submits that going by the statement, the offence was initially

committed at a time when the victim was only 15 years of age. It is submitted that the statement given by the victim also suggests that the petitioner

and the victim girl were in a relationship and that thereafter the complaint has been filed on account of the fact that the petitioner denied the

relationship and started relationship with another woman.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for more than 91 days and

since final report has already been filed in the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions.

Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No.729/2021 of Vandanmedu Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to influence or intimidate the victim or any witness in Crime No.729/2021 of Vandanmedu police station;

(iv) 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.729/2021 of Vandanmedu police station may file an application

before the jurisdictional court, for cancellation of bail.