XXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.3498 of 2021 of Muvattupuzha Police Station, Ernakulam District, registered for the offences punishable under Sections 354A(1)(i), 376(i), 376AB, 376(2)(f)(n) and Section 506 of the Indian Penal Code, 1860 apart from Section 4(2) r/w 3(a), Section 6 r/w Section 5(l)(m)(n), Section 8 r/w Section 7, Section 12 r/w Section 11(iii) of the Protection of Children from Sexual Offences Act, 2012 as well as Section 67 of the Information Technology Act, 2000 and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is that, the accused, who is the step father of the victim, is alleged to have committed penetrative sexual assault on the victim aged 12 years, repeatedly and was also shown obscene videos and photos in the mobile phone to the victim, and thereby committed the offences alleged.

Sri.C.P.Udayabhanu, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that the petitioner was arrested on 01.03.2022 and that he has been in custody since then. The learned counsel further contended that the entire allegations are falsely foisted and the victim had made similar sort of allegations against another person too. It was further submitted that petitioner is willing to abide by any conditions that may be imposed upon him.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious requiring continued detention and that if the petitioner is released on bail, there is every possibility of him influencing and intimidating the witnesses. It was further submitted that the petitioner was arrested on 01.03.2022 and the final report was filed on 28.03.2022 and the case is now pending as S.C.No.488/2022 before the Special Court (POCSO), Muvattupuzha. It was further submitted that, notice to the victim was served, on 21.12.2022, through her father's brother since the father of the victim is working abroad and the mother is known to be supporting the petitioner.

I have considered the rival contentions.

Petitioner is alleged to have committed a very serious offence of penetrative sexual assault on a minor victim. Even though the allegations are serious, taking note of the period of detention already undergone, I am of the view that continued detention of the petitioner is not essential and that petitioner can be released on bail with strict 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 co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Idukki District, until conclusion of trial.

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

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

(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.