Vishnu Udhayan vs State Of Kerala

Mohammed Nias C.P., J

The petitioner filed this application under Section 439 of the Code of Criminal Procedure, 1973, for regular bail. He is the 2nd accused in Crime No.168 of 2024 of Adimaly Police Station, Idukki District, for offences punishable under Sections 450, 363, 370(4), 370A, 376(2)(n), 376(3), 354, 354A(1)(i) of the Indian Penal Code and Sections 4(2) r/w 3(a), 6 r/w 5(1), 8 r/w 7 of the Protection of Children from Sexual Offences Act.

The prosecution case is that the petitioner/2nd accused along with one another trespassed into the house of the victim girl aged 14 years at Mannamkandam Village, Valara Kara, 10th Mile Bhagam and indulged in sexual intercourse with her on 27.12.2023. It is also alleged that on 31.12.2023 the petitioner/2nd accused and another took the girl to a lodge at Kattappana, Vellayamkudi and repeated the same and thus committed the aforementioned offences. The petitioner was arrested on 11.02.2024 and has been in judicial custody since then.

The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him and falsely implicated in the crime.

The learned Public Prosecutor opposed the petition.

I have heard both sides.

Considering the fact that the petitioner has been detained since 11.02.2024 and that the allegation against him is that he had dropped the 1st accused near the house of the victim with no allegations of sexual assault against him and also since there is no apprehension raised by the prosecution that if released on bail the petitioner is likely to abscond, I hold that bail can be granted to the petitioner more so when no other criminal antecedents have been reported against the petitioner. Accordingly, this bail application is allowed, and the petitioner shall be released on bail subject to the following conditions:-

i. The petitioner shall be released on bail on 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;

ii. The petitioner shall fully cooperate with the trial and shall attend the court on all posting dates except when his absence is permitted by the court concerned;

iii. He shall not intimidate or attempt to influence the witnesses, nor shall he tamper with the evidence or do anything that might adversely affect the trial;

iv. He shall not commit any offence while on bail;

v. He shall not leave the country 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 of bail and pass appropriate orders in accordance with law.