Vishnu vs State Of Kerala

C.Jayachandran, J

The petitioner in the instant application for regular bail is the sole accused in Crime No.322/2022 of Ollur Police Station. The offences alleged under Sections 363, 354(b), 354(D)(i),450,376(3)of I.P.C and also under Section 4(2),3(a),8,7,10,9(a)(i),12 and 11(iv) of the Protection of Children from Sexual Offences Act. Crl.M.P.No.1221/2022, an application for regular bail preferred by the petitioner before the Additional Sessions Court No.1, was dismissed as per order dated 29.04.2022.

The prosecution would allege that the petitioner/accused kidnapped the victim girl, aged 15 years during October, 2021 and took her to Chimmini Dam. There, the petitioner kissed the victim and took her photographs. Similar acts were committed by the petitioner at a place behind the house of the victim later. Again, on 15.02.2022 at 1.00 a.m.,the petitioner trespassed into the house of the victim and committed rape and penetrative sexual assault against her, thus committing the offences enumerated above.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Peruse the records. This application was opposed by the learned Public Prosecutor.

Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application. This Court takes stock of the fact that the petitioner has been in judicial custody for the past two months and seven days, he having been arrested and remanded on 10.03.2022. The purpose of interrogation should have been amply served by this time. No useful purpose is to be served by incarcerating the petitioner any more. This Court also takes stock of the fact that the petitioner is aged 20 years, where as, the victim is aged 15 years. No similar criminal antecedent was pointed out against the petitioner by the learned Public Prosecutor. Finally, it has been submitted by the learned Public Prosecutor that the final report has already been filed on 06.05.2022.

In the result, this Bail Application is allowed and the petitioner is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like amount to the satisfaction of the trial court, subject to the following conditions:

(i) He shall appear before the investigating officer on every Saturday between 10 a.m and 11 a.m for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.

(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.

(iii) He shall not indulge himself in any other offence while on bail.

(iv) He shall not leave India, except with prior permission of the trial court.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of bail.