XXXXX vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.300/2021 of Kalikavu Police Station, Malappuram District alleging commission of offences under Sections 341, 342, 449, 376 (2) (f), 354 (A)(2), 354 (a)(1)(i)(ii), 354(D)(ii) and 506 of the Indian Penal Code and under Sections 6 (1) read with 5 (n) (l), 12 read with 11 (iv)(v), 10 read with 9 (n) (l) of the Protection of Children from Sexual Offences Act.

Brief facts are that the petitioner and the minor victim girl are close relatives. It is alleged that on 07-07-2021 the petitioner/accused molested the victim girl by kissing her and touching her upon her private parts. It is alleged that on a later date, on 04-08-2021, he committed penetrative sexual assault on the minor victim girl.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been in custody from 30-08-2021 and the investigation has been completed and a final report has been laid before the Fast Track Special Court, Manjeri and it is pending there as S.C. No.1222/2021. It is submitted that the trial of the case may not commence any time soon and the continued detention of the petitioner may be violative of Article 21 of the Constitution of India.

Learned Public Prosecutor on instructions would submit that the allegations against the petitioner are quite serious and that the minor victim girl was only 16 years and 2 months old when the offence was committed. It is submitted that the petitioner misused his relationship with the minor victim girl and committed sexual assault and rape on her despite her objection. However, it is admitted that following the investigation a final report has been filed before the Special Court.

The father of the minor victim girl has entered appearance in this court through counsel. It is submitted that though the act of the petitioner deserves strict penalty, the grant of bail is not being opposed.

Having regard to the facts and circumstances of the case and considering the fact that the custody of the petitioner is no longer necessary for the purpose of investigation and considering the fact that the final report has already been filed and further considering the fact that the petitioner has been in custody from 30-08-2021, I am of the view that the petitioner can be released on bail subject to conditions. Accordingly it is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the Investigating officer in Crime No.300/2021 of Kalikavu Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.300/2021 of Kalikavu Police Station;

(iv) The petitioner shall not enter the local limits of the Kalikavu police station where the victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his Passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.300/2021 of Kalikavu Police Station may file an application before the jurisdictional Court for cancellation of bail.