XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 2nd accused in Crime No.331/2022 of the Mannarkkad Police Station, Palakkad, alleging offences under Sections 376(2)(n), 376(3) and 506(i) r/w Section 34 of the Indian Penal Code, 1860 and Section 4(2) r/w Section 3(a), Section 6(1) r/w Section 5(1), Section 17 r/w Section 16, Section 12 r/w Section 11(i) & (iii) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that the 1st accused in the crime was introduced by the 3rd accused and thereafter, the victim fell in love with the 1st accused and from 21.02.2022 to 28.03.2022, petitioner engaged in sexual intercourse with the 1st accused in the presence of the victim and induced her to have a physical relationship and thereby, committed the offences alleged against her.

Shri.  Anil  K.  Muhamed,  the  learned  counsel  for  the petitioner contended that petitioner is the victim’s mother’s sister and that she is totally innocent of the allegations. It was further submitted that even going by the prosecution case, the victim had fallen in love with the 1st accused and thereafter, they had indulged in a sexual relationship. The role of the petitioner is admittedly very limited and that the alleged inducement by the petitioner is nothing but a figment of imagination.

Smt. Nima Jacob, the learned Public Prosecutor opposed the grant of bail and submitted that the 1st and 3rd accused had not yet been arrested. It was further submitted that exploiting the close relationship with the victim, the 2nd accused had induced and seduced her to indulge in sexual relationship with the 1st accused for ulterior purposes and obtained monetary benefits. Apart from the above, 2nd accused had drugged the victim’s mother and grandmother to pave the way for 1st accused to sexually assault the victim and thereby, a very serious offence has been alleged against the 2nd accused.

I have perused the statement given by the victim as well as the records relating to the accused. It is seen that very serious allegations are made against the petitioner, who is none other than her mother’s own sister. However, taking note of the fact that the petitioner was arrested on 24.05.2022, I am of the view that the continued detention of the petitioner does not serve any purpose, other than amounting to a measure of punishment. If sufficient safeguards are imposed for protecting the victim as well as the evidence gathered so far, the continued detention of the petitioner can be avoided.

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

(a) Petitioner shall be released on bail on her 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not visit, interact or contact through any mode, the victim or her immediate family members and shall not reside with the victim’s mother or even her grandmother.

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

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.