Vishnu 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 is the sole accused in Crime No.591 of 2022 of Palarivattom Police Station registered for the offences punishable under Sections 370 and 376 of the Indian Penal Code, 1860 and also under Sections 4 r/w Section 3(a) and Section 10 r/w Section 9(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 03.04.2022, the petitioner sexually assaulted the minor victim, aged 17 years and 11 months, at a Spa centre where she works, and later petitioner took the victim to a lodge and committed rape on her and thereby committed the offences alleged.

Sri.Manu Harshakumar, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that, even going by the allegations there was nothing to indicate that the victim was minor and that going by her statement, she was working in a spa centre where illegal activities were being carried on. The learned counsel for the petitioner submitted that petitioner is being made a scapegoat and that he was arrested on 10.06.2022 and also that the continued detention of the petitioner is not necessary.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the petitioner is alleged to have committed a serious crime that too against a minor and hence the petitioner ought not to be released on bail. It was further submitted that releasing the petitioner on bail would prejudice the investigation and that there is every possibility of the petitioner to influence or intimidate the witnesses.

I have gone through the statement given by the victim as well as the medical report. Having regard to the circumstances stated in the statement under Section 164 of Cr.P.C., and on an appreciation of the contentions raised by the learned counsel for the petitioner, I am satisfied that the continued detention of the petitioner is not necessary. Investigation has even reached its final stage. 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  appear  before  the  Investigating

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

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.