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Judgment
15 paragraphs · 562 wordsBechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.361/2022 of Cumbummettu Police Station, Idukki. The offences alleged against the petitioner are under Sections 376(1), 376(3) of the Indian Penal Code, 1860 and Sections 3A, 4, Sections 5(j), 5(q) Section 6 and Section 9(l) of the Protection of Children From Sexual Offences Act, 2012.
The prosecution case is that the accused after promising to marry, committed rape on the minor victim, when she was only 16 years old and thereafter the minor victim gave birth to a child on 20.05.2022.
Sri.Biju C Abraham, learned Counsel for the petitioner submitted that though the petitioner was arrested on 13.06.2022, the continued detention of the petitioner is not required. He further invited my attention to the affidavit of the mother of the victim dated 03.07.2022 as well as the parents of the petitioner, agreeing to conduct the marriage of the petitioner with the victim. It was also submitted by the learned Counsel for the petitioner that the accused is only 20 years of age and that the victim is actually above aged 18 years, though the records show a lesser age.
Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner is alleged to have committed rape on the minor victim, when she was less than 16 years of age and therefore, petitioner ought not be released on bail.
I have perused the statement given by the victim. The victim had clearly stated that she is in a relationship with the petitioner and that the child was born in the said relationship on 20.05.2022. The affidavit filed by the mother of the victim also reveals that she was aware about the relationship between the petitioner and the victim and that she has no objection in petitioner being granted bail and further she will take all steps to ensure that accused will not be in contact with the victim till she attains the age of 18. Apart from the above, it was also mentioned that the victim is actually aged more than 18 years and that the date of birth was wrongly mentioned in the records.
Considering the above aspects, I am of the view that the continued detention of the petitioner is not required. Accordingly, this application for bail is allowed on the following conditions:
In the result, this application is allowed on the following conditions:-
(a) 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) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) 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.