Vinod vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner was originally the sole ccused in Crime No.620 of 2021 of Kilikolloor Police Station, Kollam. Subsequently the mother of the victim has been arrayed as an additional accused and hence petitioner is the first accused in the said crime. The offences alleged against the accused are punishable under Sections 354(1)(i), 354(B), 376(2)(n) and 450 of the Indian Penal Code, 1860 apart from Sections 3(a), r/w Section 4(1), Section 5(l) r/w Section 6, Section 7 r/w Section 8, Section 9(1) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012.

The  prosecution   case  is  that,   under  the  guise  of performing certain poojas for curing the illness of the minor victim girl, the accused sprinkled ashes on her private parts, touched her genitals and committed penetrative sexual assault using his finger on multiple occasions, and finally on 14.07.2022, after shaving her genital area, committed penetrative sexual assault and thereby committed the offences alleged.

Smt. Sai Pooja, learned Counsel for the petitioner submitted that the entire allegations are false and the incident as alleged had never occurred. It was further submitted that the petitioner has been under detention from 25.07.2022 and that the continued detention may not be warranted.

Sri.Noushad K.A., the learned Public Prosecutor, opposd the grant of bail and submitted that the prosecution allegations are serious in nature and that releasing him on bail would cause prejudice to the investigation. It was also submitted that final report in the case was filed on 20.09.2022 and that during the course of investigation, the mother of the victim was also arrayed as an accused after incorporating Section 16 r/w Section 17 of the Protection of Children from Sexual Offences Act, 2012 apart from Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015.

I have considered the rival contentions and have perused the statement of the victim.

Having regard to the circumstances in the case and also considering the detention of the petitioner from 25.07.2022, I am of the view that the continued detention of the petitioner is not required, more so since the investigation is over and the final report has already been filed. 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 trial of the case.

(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.