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Judgment
20 paragraphs · 400 wordsApplication for regular bail.
The petitioner is the sole accused in Crime No.25/2021 of Kottarakara Police Station registered for the offences punishable under Sections 450,
376(2)(n) and 377 of the Indian Penal Code and Sections 4 r/w 3(a) and 6 r/w 5(I) of the Protection of Children from Sexual Offences Act, 2012.
The petitioner has been in custody since 05.01.2021.
The allegation levelled against this petitioner is that he had trespassed into the residential house of defacto complainant during 2016 and committed
rape on her. Thereafter also he committed sexual assault on her, that too till 2020 and thus committed the aforesaid offences.
The learned counsel for the petitioner would submit that the petitioner is aged only 20 years and he had a love affair with the defacto complainant,
who is aged 16 years. She used to invite him to her residence, but he has not committed the offence as alleged by the prosecution. It is further
submitted that he has been falsely implicated at the instigation of her parents, who opposed her affair with the petitioner.
The learned Public Prosecutor would submit that the investigation of the case is well in progress.
Having regard to the period of detention undergone by him in custody and the present stage of the investigation as well the other facts and
circumstances involved in this case, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the
like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
(v) The petitioner shall not enter into the residential house of the defacto complainant till disposal of the case.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.