XXXXXXXXXX vs State Of Kerala

BECHU KURIAN THOMAS, J

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 accused in Crime No.888/2022 of Peramangalam Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 376(2)(f) of the Indian Penal Code,1860 apart from Sections 3, 4, 6, r/w Section 5(j)(ii) and Section 5(p) of the Protection of Children from Sexual Offences, Act, 2012.

According to the prosecution, the accused had committed penetrative sexual assault on the 16 year old victim and impregnated her and thereby committed the offences alleged. .

Sri.Vishnuprasad Nair, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the victim herself had specifically stated that physical relationship had been with her consent. It was further submitted that petitioner was arrested on 17.10.2022 and that final report has already been filed and in such circumstances, further detention ought not to be permitted, considering the young age of the petitioner.

Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious in nature and that the alleged consent of the victim is not a sufficient reason to avoid the criminality to the act committed, especially since the victim is a minor. It was also submitted that final report was filed on 29.11.2022 and despite the same, detention of the petitioner is essential.

I have considered the rival contentions.

Though the allegations are serious in nature, considering the period of detention already undergone and the filing of final report and the young age of the petitioner, I am of the view that the continued detention of the petitioner is not essential. Petitioner can, therefore, be released on bail under strict conditions.

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

(a) Petitioner shall be released on bail on him executing 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 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.