XXX vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.2635/2021 of Vellarada Police Station, Thiruvananthapuram District alleging commission of offences under Sections 450, 403, 363, 376 (2) (n) of the Indian Penal Code and Section 4 read with 3 (a) & Section 6 read with 5 (l) of the Protection of Children from Sexual Offences Act. The allegation against the petitioner who is 19 years of age is that in the month of January 2021 he committed preventative sexual assault on the victim girl aged 16 years. It is also alleged that pretending to be in love with the victim, the petitioner had procured some of her gold ornaments and thereby the petitioner committed the offences alleged against him.

The learned counsel for the petitioner would submit that the petitioner and the victim girl were in love with each other. It is submitted that the petitioner has been in custody from 17-10-2021 and that as on date he has completed 59 days of custody. It is submitted that the complaint was given only after the victim suspected that the petitioner was in some other relationship. It is also submitted that the investigation in the matter is almost completed and further detention of the petitioner is not necessary for the purpose of investigation.

Heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the question of a consensual relationship between the petitioner and the victim girl does not arise in the facts and circumstances of the case since the victim is admittedly a minor. It is submitted that the petitioner had committed the offence under the pretense of being in love with the victim girl and there is also an allegation that the petitioner had promised to marry the victim girl after the petitioner and the victim girl attains the age necessary for a valid marriage. It is submitted that thereafter the petitioner withdrew from that promise and thereby he clearly committed the offence as defined in Section 375 of the Indian Penal Code read with relevant provisions of the POCSO Act. It is also submitted that the petitioner had also taken away some gold ornaments of the the victim for his own purposes.

I have considered the submissions. I am of the view that the petitioner can be granted bail especially considering the fact that he is only 19 years of age and considering the fact that he is a student and more importantly considering the fact that his continued detention is not necessary for the purposes of investigation.

In the result this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.2635/2021 of Vellarada Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.2635/2021 of Vellarada Police Station;

(iv) The petitioner shall not enter the local limits of Vellarada police station where the victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.2635/2021 of Vellarada Police Station may file an application before the jurisdictional Court for cancellation of bail.