XXX vs State Of Kerala

Ziyad Rahman A.A., J

This application is submitted by the petitioner seeking regular bail.

The petitioner is the accused in Crime No.2165/2022 of Nedumangad Police Station. The offences alleged against the petitioner are under Sections 363, 366 and 376(2)(n) of the Indian Penal Code and also under Sections 5(j)(ii) r/w 6, 9(l) r/w 10, 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act, 2012

The victim is the wife of the petitioner, and their marriage was solemnized on 10.11.2022. Later, as the victim became pregnant, she was taken to the hospital for a consultation, thereupon, from examination, it was found that the victim conceived even before the marriage, while she was a minor. The matter was informed to the Police by the Doctor, and the crime was registered in such circumstances. The petitioner was arrested in connection with the said crime on 16.01.2023, and since then, he has been in judicial custody.

The learned counsel appearing for the petitioner submits that the petitioner is prepared to abide by any conditions that this Court may impose. According to him, the petitioner is the sole person to look after his family, including the victim, who requires frequent medical attention.

On the other hand, the learned Public Prosecutor would oppose the application for bail. According to the learned Public Prosecutor, the petitioner and the victim lived together even before the marriage.

I have gone through the records and heard the contentions raised from either side. The materials placed before me reveal that now the petitioner and as well as the victim are residing together based on a legal marriage between the parties, which was solemnized on 10.11.2022, at a time when the victim was a major. The victim has also sworn an affidavit which is produced as Annexure E, along with his bail application. On perusal of the same, it is revealed that now both parties are residing together, and there are no disputes between the said parties. The mother of the victim has also sworn an affidavit which is produced as Annexure D. In that affidavit also, the cordial relationship between the petitioner and the victim is specifically highlighted. From the materials placed on record, I do not find it necessary to allow the continuation of the detention of the petitioner. On the other hand, taking into account the peculiar facts of this case, continued incarceration appears to be not in the interest of any of the parties.

In such circumstances, this bail application is disposed of directing that the petitioner be released on bail subject to the following conditions:

i The petitioner shall execute a bond for Rs.2,00,000/-(Rupees Two Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate/Court.

ii The petitioner shall fully cooperate with the investigation.

iii The petitioner shall appear before the Investigating Officer between 10.00 a.m. and 11.00 a.m. on every Thursday until the filing of the final report. The petitioner shall also appear before the Investigating Officer as and when required by him.

iv The petitioner shall not involve in any other similar offences while on bail.

v The petitioner shall not influence or intimidate the victim or any witnesses or other persons related to the investigation.

vi The petitioner shall not leave the State of Kerala without the permission of the trial Court.

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