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Judgment
13 paragraphs · 395 wordsBechu Kurian Thomas, J
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.442/2022 of Kadakkal Police Station, Kollam District. The offences alleged against the petitioner is under Section 361 of Indian Penal Code and Section 3 r/w 4 of Protection of Children from Sexual Offences Act, 2012.
The prosecution allegation is that the 1st accused abducted the de facto complainant, who was only 15 years in age and committed rape on her.
The learned Counsel for the petitioner submitted that the victim and the petitioner were in a relationship and that, even going by the FI statement, the offence of rape is not made out.
Learned Public Prosecutor submitted that the petitioner was arrested on 15.03.2022 and that the statement reveals commission of offences committed by the petitioner.
On a consideration of the arguments raised by the learned Counsel for the petitioner as well as the learned Counsel for the respondents I find that though the victim has given a statement relating to the offence committed by the petitioner, certain factors lean in favour of granting bail. Petitioner was arrested as early as on 15.03.2022 and has been in custody since then. Petitioner is a young man of 22 years who claims to have been in love with the victim. All the above circumstances compelled me to grant bail to the petitioner. Accordingly, this bail application is allowed. Petitioner is liable to be enlarged on bail on the following conditions:
i) Petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigation Officer
ii) Petitioner shall not intimidate the victim involved in the crime nor shall he attempt to contact, interact or in any way attempt to communicate with the victim or her family members.
iii) Petitioner shall not enter the limits of the Kadakkal Police Station within which the the victim resides until the final report is filed.
iv) Petitioner shall co-operate with the investigation and trial of case.
v) If any of the above conditions are violated by the petitioner, the jurisdictional court can cancel the bail, in accordance with law, even though the bail is granted by this Court.
The Bail Application is allowed as above.