Tinoy vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No.262/2021 of Palluruthy Police Station. The offences alleged are under Section 376(2)(n) of Indian Penal Code, u/s 3(a) r/w 4, 5(I), 5(j)(ii) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case in short is that the petitioner got acquainted with the victim, who is a minor girl, while she was studying in 10th standard and thereafter on 07/09/2020, the petitioner took the victim to his house and raped her. It is further alleged that thereafter on several occasions, the petitioner committed rape on the victim and she became pregnant.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner was arrested on 05.03.2021 and since then he is in judicial custody. The case records would show that the petitioner and the victim are in love with each other for the last so many years. In the 164 statement given by the victim it is stated that, she voluntarily went to the house of the petitioner and indulged in sexual intercourse with her consent. It is true that at that time she was minor. However, the said fact can be considered while deciding the question whether the petitioner can be released on bail or not. The investigation is almost over. The potency test of the petitioner has also been done. The petitioner is aged 18 years and the victim is aged 17 years. In view of the facts and circumstances of the case, the nature of the crime and stage of investigation, I do not find any reason to hold that continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, I am of the view that the petitioner can be released on bail.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.