XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No. 1007 of 2022 of Hosdurg Police Station, Kasaragod District alleging offences punishable under Sections 450 and 376(2) of the Indian Penal Code, 1860, apart from Section 6 read with Section 5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused committed rape on the minor victim aged 17 years and 8 months on 24.06.2022, after trespassing into her house and thereby committed the offences alleged.

Sri. A. Arunkumar, the learned counsel for the petitioner contended that, the entire prosecution case is false and that the incident as alleged had not occurred. The learned counsel also contended that the petitioner was arrested on 10.08.2022 and has been in custody since then. It was also submitted that the petitioner and victim were in a relationship and that they have already decided to get married. It was also submitted that till the victim attained majority there was never any physical relationship between them and that the allegations have been raised against the petitioner to avoid the marriage. It was also submitted that now the victim has filed an affidavit stating that they have decided to get married and that even her parents have consented for the same and that she has no objection for granting bail.

The learned Public Prosecutor opposed the grant of bail and submitted that, the prosecution allegations are serious in nature and that releasing the petitioner on bail will cause prejudice to the prosecution. However, it was submitted that the petitioner and the victim are stated to have agreed to get married.

The learned counsel appearing for the victim also submitted that the affidavit filed before this Court as Annexure-2 is genuine and that the petitioner and the victim are intending to get married and further that she has no objection in the petitioner being released on bail.

I have considered the rival contentions and also perused the documents. The allegations are serious in nature, especially since the victim is minor.

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 10.08.2022, I am of the view that the continued detention of the petitioner is not required considering his young age. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

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

(iv) Petitioner shall not commit any offence while he is on bail.

(v) 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.