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Vijayakumar @ Vinod vs State Of Kerala

High Court Of Kerala · Decided on 18 November 2021 · Citation: (2021) 11 KL CK 0111

HON’BLE JUDGES
Gopinath P, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354D(i), 354D(ii), 366(A), 376(1), 376(2), 376(n) · Protection of Children from Sexual Offences Act, 2012 — Section 5(j)(ii), 5(l), 6, 11(iv), 12
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 8624 Of 2021
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Judgment

10 paragraphs · 352 words

Gopinath P, J

1.

The petitioner is the accused in Crime No.883/2021 of Munnar Police Station, Idukki District alleging commission of offences under Sections 366 (A), 354 D (i) (ii), 376 (1) (2) & (n) of the Indian Penal Code and Section 6 read with 5 (j) (ii), 5 (I) & 12 read with 11 (iv) of the Protection of Children from Sexual Offences Act.

2.

I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.

The learned counsel for the petitioner would submit that the petitioner and the victim girl are in love with each other and they intend to get married immediately on the victim girl attaining the age of majority. It is also submitted that the victim girl is pregnant and was living with the petitioner and the case was registered when the petitioner took the victim girl for treatment/consultation to the local hospital. The learned Public Prosecutor does not dispute these facts. The learned counsel for the petitioner also submits that the parents of the petitioner and the parents of the victim girl have agreed to solemnize their marriage immediately after the victim girl attains majority in the month of March, 2022.

4.

Having regard to the aforesaid facts and also considering the fact that the petitioner has been in custody for 78 days, I am inclined to grant bail to the petitioner.

In the result this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

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

(ii) The Petitioner shall appear before the Investigating officer in Crime No.883/2021 of Munnar Police Station on every Saturday at 11 a.m until further orders.

(iii) 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.883/2021 of Munnar Police Station may file an application before the jurisdictional Court for cancellation of bail.