Sreekuttan @ Akku vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1928 of 2021 of Kattappana Police Station, Idukki District, alleging commission of offences under

Sections 452, 376(1), 376(2)(n) and 115(II) of Indian Penal Code and Section 4(1) read with Section 3(a), Section 6(1) read with Section 5(1) and

Section 17 read with Section 16(3) of POCSO Act. The allegation against the petitioner is that the petitioner entered into a relationship with the victim

and trespassed into her house and committed penetrative sexual assault on her several times and thereby he committed the offences alleged against

him.

The learned counsel appearing for the petitioner would submit that the petitioner is aged 18 and the victim is aged 17. It is submitted that the

petitioner and the victim were in a relationship. It is submitted that considering the age of the petitioner, he may be directed to be released on bail as he

has already spent 47 days in custody. It is submitted that further custody is not required for the purpose of any investigation.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out from the record. It is submitted that the

medical examination of the victim confirms the allegations of rape. It is submitted that the question of consent does not arise as the victim is admittedly

a minor. It is submitted that if the petitioner is granted bail, there is every chance of the victim being intimidated or influenced in the matter.

Having regard to the facts and circumstances of the case and taking a lenient view in the light of the fact that the petitioner is aged only 18 and also

considering the fact that he has been in custody for 47 days, I am of the opinion that the petitioner can be released on bail subject to strict conditions. I

also take note of the fact that the continued detention of the petitioner may not be necessary for the purpose of any investigation.

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

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

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.1928 of 2021 of Kattappana Police Station, Idukki District, on every Saturday at 11.00AM until

filing of final report;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.1928 of 2021 of Kattappana

Police Station, Idukki District;

(4) The petitioner shall not enter the local limits of Kattappana Police Station, where the victim is stated to be residing except for complying with condition No.2 above

or for attending any court proceedings;

(5) 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.1928 of 2021 of Kattappana Police Station, Idukki District, may

file an application before the Jurisdictional Court for cancellation of bail.