XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.352 of 2022 of Karimannoor Police Station, Idukki. The offences alleged against the petitioner are punishable under Sections 363, 376 (2)(n), 370(4), 370A(1) of the Indian Penal Code, 1860, apart from Section 67B of Information Technology Act, 2000 Section 84 of Juvenile Justice (Care and Protection of Children) Act and Section 6 read with Section 1, Section 12 read with Section 11(ii), Section 11(iii) and Section 11(iv) of Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the petitioner who is aged 52 years committed penetrative sexual assault on the victim aged 16 years, who is the daughter of the petitioner's friend.

Sri. Nirmalan, the learned counsel for the petitioner contented that the entire prosecution case is false and that the petitioner was arrested on 06.04.2022, continued detention may not be permitted especially since the final report has been filed.

Smt. M.K. Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a very serious crime considering the age of the victim as well as the date of arrest of the petitioner. It was further submitted that, if the petitioner is released on bail there is every chance that he will influence the witness, considering the clout of influence wielded by him over the victim and her family.

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 06.04.2022, 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 bail application is allowed on the following conditions:-

(a) The 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) The petitioner shall co-operate with the trial of the case.

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

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not enter the jurisdictional limits of Karimannoor Police Station, until completion of the trial.

(f) The petitioner shall not leave the state of Kerala or the country without the permission of the jurisdictional Court and shall surrender the passport, if any before the jurisdictional Court at the time of executing the bond.

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.