Vineeth.V vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1183/2022 of Puthoor Police Station, Kollam alleging offences punishable under Sections 376(2)(n)  and 376(3) of the Indian Penal Code, 1860 apart from Section 6, r/w Section 5(l), Section 8 r/w Section 7, Section 14 r/w Section 13(a) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, during the period from 20.04.2022 to 17.08.2022, the accused committed penetrative sexual assault on the victim, aged 14 years by inserting his finger into her vagina and also compelled her to send her nude photographs to the mobile phone of the accused and thereby committed the offences alleged.

Sri.N.Sunil Joseph, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was also pointed out that the petitioner was arrested on 21.08.2022 and that considering the young age of the accused, the continued detention ought not to be permitted.

Sri.Sudheer G., the learned Public Prosecutor opposed the grant of bail and contended that the offence was committed against a 14 year old girl and considering the gravity of the offence, releasing the petitioner, at this juncture, would prejudice the prosecution.

I have considered the rival contentions.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner is only 19 years in age and was remanded to judicial custody on 21.08.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is almost completed. Therefore, the petitioner is entitled to be released on bail.

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

(a)  Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b)  Petitioner shall co-operate with the investigation and trial of the case and shall appear before the Investigating Officer as and when required.

(c)  Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d)  Petitioner shall not commit any similar offences while he is on bail.

(e)  Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.