XXX vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.993/2021 of Kasaba Police Station, Palakkad District, which is now pending as SC.No.229/2022 on the files of the Additional Sessions Court-I, Palakkad. The offences alleged against the petitioner are under Sections 376, 376(2)(n), 376-B, 450, 354(a)(1)(ii), 506 of the Indian Penal Code, 1860 and Section 4(2) r/w Section 3(a), Section 6 r/w Section 5(j)(ii) and Sections 5(l) and Section 17 of the Protection of Children for Sexual Offences Act, 2012.

The prosecution case is that petitioner and the minor survivor, aged 15 years are neighbours and that on 12.06.2021 while the survivor went to the house of the petitioner, he pulled the survivor into his room and committed penetrative sexual assault and thereafter the survivor became pregnant and the accused thus committed the offences alleged against him.

Sri.Rajesh Sivaramankutty, the learned counsel for the petitioner submitted that the petitioner is totally innocent and the allegations against the petitioner are false. It is further submitted the petitioner was arrested on 13.01.2022 and the final report has already been filed and therefore continued detention of the petitioner is not warranted.

Smt.Nima Jacob, the learned Public Prosecutor opposed the grant of bail and pointed out that the accused and the survivor being neighbours, there is every chance of the petitioner intimidating, influencing and even interacting with the survivor which can cause prejudice to the prosecution. However, it was pointed out that there are no criminal antecedents against the petitioner and that the final report was filed as early as on 09.02.2022.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 13.01.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) The petitioner shall be released on bail on his 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.

(b) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) Petitioner shall not enter into the jurisdictional limits of Kasaba Police Station until conclusion of the trial.

(f) The petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.