Shafeeq vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.370/2022 of the Aluva East Police Station, Ernakulam. The offenses alleged against him are under Sections 354A(1)(i) and 376 r/w Section 376(3) of the Indian Penal Code and Sections 3(a), 3(b), 4, 6, 5l, 5n, 8 and 7 of Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that on 14.02.2022, at 11:00 p.m., and in the night of 15.02.2022, while the victim was lying inside the bedroom of the accused, he committed rape on her.

Shri.P.A.Ayub Khan, the learned counsel for the petitioner submitted that petitioner has been in custody from 21.03.2022 and that final report has already been filed. It was further submitted that though the F.I.R. itself mentions about the age of the victim being more that 17 years, curiously, Section 376(3) of the Indian Penal Code is alleged against the petitioner. It is further submitted that the entire allegations are false, especially since, the offences are alleged to have taken place inside the bedroom of the accused while the petitioner, his wife and child were inside the room.

Smt.Nima Jacob, the learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the offences alleged against the petitioner are serious in nature and that he may, if released on bail be a threat to the victim and her family members.

On an appreciation of the contentions raised by the learned counsel for the petitioner as well as the learned Public Prosecutor and on perusing the case diary, I am satisfied that though the offences alleged against the petitioner are prima facie serious, the continued detention of the petitioner is not warranted in the case. As rightly contended by the learned counsel for the petitioner, the F.I.R. itself mentions that the victim is 17 years old, despite which Section 376(3) of Indian Penal Code is incorporated as one of the offences committed by the petitioner.

Taking into consideration the aforesaid aspects, I allow this application on the following conditions:

i) The 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) The petitioner shall co-operate with the trial of the case.

iii) The petitioner shall not intimidate or attempt to influence the witnesses; not shall he attempt to tamper with the evidence.

iv) Petitioner shall not contact or interact with the victim through any modes of communication.

v) The petitioner shall not commit any similar offence while he is on bail.

vi) The 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.