Sunil vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.247/2023 of Vattiyoorkavu Police Station, Thiruvananthapuram, registered under Sections 451, 419, 376, 376(2)(n), 354 A(ii), 354(B), 354(D) & 506(I) of IPC and Sections 4 r/w 3(a), 6 r/w 5(l), 8 r/w 7, 12 r/w 11 (iv)(v) of POCSO Act.

The prosecution allegation is that, during the period 08.04.2022 to 05.04.2023, the petitioner committed aggravated sexual assault on the victim, after taking her to various places on several occasions.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned  Public  Prosecutor  opposed  the  bail application.

Learned counsel for the petitioner would submit that the petitioner and the victim got acquainted through Manorama News Live Chat and their friendship developed into an affair. The victim was not a minor on the date of alleged sexual abuse. The petitioner is in judicial custody since 24.11.2023. Learned counsel submitted that investigation is over and the final report has also been filed.

Learned Public Prosecutor on instructions submitted that investigation is over and final report has been filed and now that case is pending before the Fast Track Special Court (POCSO), Thiruvananthapuram, as SC No.53/2024. The petitioner is in judicial custody from 26.11.2023. So this Court is of the view that his continued detention is not necessary for the purpose of investigation. Hence this Court is inclined to allow this bail application on the following terms:

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

ii. The petitioner shall not enter the limits of Vattiyoorkavu Police Station till the victim/de-facto complainant is examined in SC No.53/2024.

iii. The petitioner shall not contact the victim girl and shall not cause any kind of harassment to her, either directly or indirectly.

iv. The petitioner shall not influence or intimidate the witnesses.

v. The petitioner shall not commit any offence while on bail.

vi. In case of violation of any of these conditions, the jurisdictional court is empowered to cancel his bail, in accordance with law.