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.119/2022 of Pangode Police Station, Thiruvananthapuram alleging offences under Sections 376(1) and 376(2)(n) and Section 341 of the Indian Penal Code, 1860 and Section 10 r/w Section 9 of the Prohibition of Child Marriage Act, 2006, Section 4 r/w Section 3(a), Section 6 r/w Section 5(l) and Section 16 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, while the victim was studying in Plus One, the petitioner married her against her protests. At the time of marriage, on 30.06.2013, the victim was only 16 years and thereafter the accused indulged in sexual intercourse with her and thereby committed the offences alleged against him.

Sri.Naveen Radhakrishnan, the learned counsel for the petitioner contended that the allegation that the victim was a minor is totally false as it was conveyed to him that the victim was a major. In support of his contention, he produced the driving license of the victim and alleged that she stayed with him as his wife for four years and thereafter eloped with a stranger and has now resorted to this complaint.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and stated that the father of the victim had also participated in the crime and is arrayed as the 2nd accused and that he has not yet been arrested. It was submitted that the documents produced by the petitioner does not seem to be authentic and that the petitioner ought not to be released on bail.

Having regard to the fact that the petitioner was arrested on 25.06.2022 and on a perusal of the documents produced in this bail application, I am of the view that the continued detention of the petitioner will not serve any purpose other than as a measure of punishment. According I allow this bail application on the following conditions :-

(a) Petitioner shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India 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, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.