XXX vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in Crime No. 392/2021 of Vanitha Police Station, Pathanamthitta, registered for the offence punishable under Sections 376(2)(n) of IPC and Sections 3(a) r/w 4 of the POCSO Act.

It is alleged that the accused with the intention of committing sexual abuse upon the minor de facto complainant, pretended love and offered to marry her when she attains the age of majority and had sexual intercourse with her from 2.2.2020 to 2.1.2021 and thereby committed the offence aforementioned. Petitioner was arrested on 3.8.2021. Thereafter he has been under confinement.

According to the learned counsel for the petitioner, petitioner and the de facto complainant were in love and the petitioner is ready to marry the victim girl when she attains the age of majority.

Petitioner is 21 years of old. Taking into account the period of confinement already undergone by the petitioner and the age of the accused, I do not think that the continued detention of the petitioner is warranted in this case. Hence the petitioner is released on bail on the following conditions :-

(i). Petitioner shall execute bond for a sum of Rs.35,000/-(Rupees thirty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court;

(ii). He shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months or until final report is filed whichever is earlier.

(iii). He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

(iv). He shall not try to contact or influence the witnesses or tamper with the evidence;

(v). He shall not involve in any crime during the period on bail.

(vi). If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.