XXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No. 654 of 2022 of Kunnathunadu Police Station, Ernakulam District alleging offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860, apart from Sections 3(a), 4(1), 5(i), 5(j)(ii) and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused committed rape on the minor victim aged 17 years on 24.04.2022 and again on 25.04.2022 and thereby committed the offences alleged.

Sri. Joy C. Paul, the learned counsel for the petitioner contended that, the entire prosecution case is false and that the incident as alleged had not occurred. The learned counsel also contended that the petitioner was arrested on 20.09.2022 and has been in custody since then. It was also submitted that the petitioner and victim have decided to get married as custom permits their marriage and that the marriage has already been fixed. It was also submitted that now the victim attained majority and has filed an affidavit stating that they have decided to get married after getting consent from the parents and also that she has no objection for the grant of bail.

Smt. M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that, the prosecution allegations are serious in nature and that releasing the petitioner on bail will cause prejudice to the prosecution. It was however submitted that, the petitioner and victim is understood to be getting married soon with the consent of their parents.

Sri. Eldose Joy, the learned counsel appearing for the victim also submitted that the affidavit filed before this Court as Annexure-1 is genuine and that the petitioner and the victim are intending to get married soon and that she had attained majority on 22.09.2022. The learned counsel also pointed out that she has no objection in the petitioner being released on bail.

I have considered the rival contentions and also perused the affidavit filed by the victim. The learned Public Prosecutor submitted that the parties belong to Tamil Nadu and that their relatives also and that the marriage is fixed.

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 20.09.2022 and since the victim has now attained majority, I am of the view that the continued detention of the petitioner is not required considering his young age. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.