XXXXXXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.8 of 2023 of Andrott Police Station, Lakshadweep, alleging commission of offences under Section 3 read with 4 and Section 5(j)(ii) of the POCSO Act. The allegation against the petitioner is that the petitioner entered into sexual relationships with the victim at a time when she was a minor and had impregnated her. The crime came to be registered on noticing the fact that the minor victim was pregnant and she has been carrying for 20 weeks and 2 days indicating that she was sexually abused at a time when she was a minor.

The learned counsel appearing for the petitioner would submit that the petitioner is a 19 year old boy, who was in a relationship with the minor victim. It is submitted that even going by the statement of the minor victim, as recorded in the First Information Report, the marriage of the petitioner and the minor victim will be held as soon as the petitioner attains the minimum age for formalizing a marriage with the victim. It is submitted that the petitioner has been in custody from 07.10.2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Standing Counsel appearing for the Lakshadweep Administration vehemently opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out to show that the consent of the victim was immaterial as the victim was admittedly a minor at a time when the petitioner had sexually abused her. It is submitted that merely because the statement of the victim indicates that she is likely to get married to the petitioner is no ground to hold that the petitioner is entitled to bail at this stage considering the seriousness of the offences alleged.

Having heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the Lakshadeep Administration, I am of the view that the petitioner can be granted bail. The petitioner is aged only 19 years. The statement of the victim indicates that the petitioner was in a relationship with the victim and they intend to get married once the petitioner attains the marriageable age. The petitioner has been in custody from 07.10.2023. Apart from the fact that the allegations are serious, no other compelling reason is shown as to why the petitioner must be continued in custody.

In the result this bail application is allowed. 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 Judicial First Class Magistrate Court, Andrott Island;

(ii) The petitioner shall report before the Investigating officer in Crime No.8 of 2023 of Andrott Police Station, Lakshadweep as and when summoned to do so;

(iv) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No.8 of 2023 of Andrott Police Station, Lakshadweep;

(v) 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.8 of 2023 of Andrott Police Station, Lakshadweep may file an application before the jurisdictional Court for cancellation of bail.