Vipinsuresh vs State Of Kerala

Gopinath P., J

Petitioner is the accused in Crime No.386/2022 of Pala Police Station, Kottayam district alleging commission of offences under Sections 363, 354 of the IPC r/w Section 7 and 8 of Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that, on 13.01.2022, the petitioner had kidnapped the minor victim and taken her to a place called Ayyampara where he is alleged to have hugged and kissed the victim.

The learned counsel appearing for the petitioner submits that the petitioner and the victim were known to each other for quite some time and that actually the petitioner had gone to Ayyampara at the request of the victim girl. It is submitted that the petitioner has been falsely implicated in the matter. It is submitted that the petitioner is a 20 year old boy with no criminal antecedents and has been in custody for 37 days.

The learned Public Prosecutor opposes the grant of bail. It is submitted that there are also allegations that the petitioners had circulated certain intimate pictures of the minor victim. However, it is confirmed that the petitioner has no criminal antecedents.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is 20 years of age and taking a lenient view, I am inclined to allow this application. I also take note of the fact that continued detention of the petitioner may not be necessary for the purposes of any investigation.

In the result this bail application is allowed. It is directed that 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 report before investigating officer in Crime No.386/2022 of Pala Police Station, Kottayam every Saturdays at 11.00 AM until filing of final report in that crime;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate any witness in Crime No.386/2022 of Pala Police Station, Kottayam;

(iv) 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.386/2022 of Pala Police Station, Kottayam may file an application before the jurisdictional Court for cancellation of bail.