XXXXXXXXXX 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.457 of 2022 of Alakode Police Station registered for the offences punishable under Sections 376(2)(n), 366(A), 370(a), 370(4) and Section 354(A)(1) of the Indian Penal Code 1860 and also under Sections 6 r/w Section 5(l) and Section 10 r/w Section 9(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 31.12.2021 and thereafter on another day, petitioner committed aggravated penetrative sexual assault on the victim, who is a minor girl aged 17 years, and thereby committed the offences alleged against him.

Sri.V.A.Satheesh, the learned counsel for the petitioner, submitted that, petitioner, who is aged only 25 years, was in a relationship with the victim and that the allegations of aggravated penetrative sexual assault are totally false. He further submitted that in any event, petitioner was arrested on 27.05.2022 and that the continued detention of the petitioner is not necessary.

Sri.Noushad K.A., the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that though the final report has already been filed, releasing the petitioner on bail at this juncture would cause great prejudice to the prosecution case.

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 27.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) 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.

(b) Petitioner shall co-operate with the trial of the case.

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

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

(e) 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.