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 sole accused in Crime No.433/2022 of Pattambi Police Station, Palakkad. The offences alleged against the petitioner are under Sections 3(a), 4(2), 5(i), Section 8 r/w Sections 9(i)(n) (p),10 & Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012 and Sections 354, 376 (2)(n) & 363 of the Indian Penal Code, 1860, apart from Section 57 of the Kerala Police Act.

According to the prosecution, on 30.06.2022, the accused eloped with the victim and sexually misused her on an alleged promise of marriage and thereby committed the offences alleged against him.

Sri.D.Feroze, learned Counsel for the petitioner submitted the entire prosecution allegations are false and even if the same is assumed to be true, still it will only reveal a consensual relationship. It was also pointed out that the victim is aged 17 years and 9 months and that the continued detention of the petitioner is not be warranted, especially since the petitioner he has been in detention from 30.06.2022.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature, and if the accused is released on bail, there is every chance of him influencing the witnesses, considering the relationship.

Taking note of the detention of the petitioner from 30.06.2022, and considering the entire circumstances, I am of the view that the petitioner can be released on bail on conditions.

In the result, this application is allowed 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 enter into the jurisdictional limits of the Pattambi Police Station, until the completion of the trial.

(d) 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.

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

(f) 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.