AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
17 paragraphs · 705 wordsBechu 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.341/2022 of the Santhampara Police Station, Idukki, now pending consideration as SC No.418/2022 of Fast Track Special Court (POCSO), Kattpana. The offences alleged against the petitioner are under Sections 354B, 376(3), 376(2)(f) (n), 328 and 506(i) of the Indian Penal Code, 1860 and Section 3(a) r/w. Section 4(2), 5(n)(l) apart from Sections 6, 7, 8, Section 9(m) (n) r/w Section 10, Section 11(5) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 67B of the Information Technology Act, 2000.
According to the prosecution, the accused, who is an uncle of the victim committed penetrative sexual assault on her from 12.11.2016 till 24.03.2022 and even photographed and videographed her nude picture and transmitted it through WhatsApp and thereby committed the offences alleged.
Sri.C.S.Manilal, learned Counsel for the petitioner vehemently contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was submitted that petitioner has been arrayed as an accused with some ulterior motives and that as he has been in custody since 17.04.2022, the continued detention is not essential. It was also submitted that petitioner is willing to abide by any conditions that may be imposed by this Court. The learned counsel further submitted that even though BA.No.7970/2022 was dismissed by this Court on 21.10.2022, subsequently the trial court has ordered further investigation into the crime and as a result of the said change of circumstances, this bail application is filed.
Sri.K.A.Noushad, learned Public Prosecutor contended that the allegations against the petitioner are serious in nature and that being a close relative of the victim and having committed the offences for a long period of time, petitioner ought not to be released on bail. The learned Public Prosecutor also submitted that on an earlier occasion, this Court had dismissed the bail application of the petitioner on 21.10.2022 and that there is no change of circumstance. It was further submitted that further investigation directed relates only to the address, age, school certificate and mobile sim ownership details and therefore, since the same are not material, the said direction to conduct further investigation cannot be treated as a change of circumstances.
I have considered the rival contentions.
On 21.10.2022, this Court had dismissed BA.No.7970/2022. However, the trial court has now ordered a further investigation. Though the further investigation relates to few specific matters, the fact remains that a further investigation has already been ordered. The possibility of an immediate trial is now remote. Petitioner has been in detention since 17.04.2022. The contention of the learned counsel for the petitioner that a new court has been set up and this case may possibly be transferred to the said court also looms large.
Even though the allegations against the petitioner are very heinous and serious, taking note of the period of detention already undergone by the petitioner from 17.04.2022 and also taking into reckoning the possibility of an immediate trial being very remote, I am of the view that the continued detention of the petitioner is not essential.
Accordingly, I allow this 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not enter into the jurisdictional limits of Santhampara Police Station till the conclusion of trial.
(f) 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.