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 sole accused in Crime No.973 of 2022 of Vakathanam Police Station, Kottayam District. The offences alleged against the petitioner are punishable under Sections 376(2)(f) and 376(2)(n) of the Indian Penal Code,1860 apart from Section 4(2) r/w Section 3(b), Section 6 r/w Section 5(l), 5(n), Section 8 r/w Section 7, Section 12 r/w Section 11(iii) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution in the year 2019, the accused caught hold of the breast of the defacto complainant and inserted his finger into her private part and thereby committed the offences alleged.

Adv.Satheeshmohanan, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner was only 18 years in age at the time of incident and considering the said young age, further detention ought not to be permitted. It was also submitted that petitioner is wiling to abide by any conditions that may be imposed upon him.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and the victim was only 14 years at the time of incident and that if the petitioner is released on bail there is every chance of him interfering or influencing the witnesses.

I have considered the rival contentions.

Even though the allegations against the petitioner are serious in nature and taking note of the young age of the petitioner as well as the period of detention already undergone from 01-11-2022, I am of the view that the continued detention would not serve any purpose, especially since final report in this case was filed on 10-12-2022.

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 co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Vakathanam Police Station till the conclusion of trial.

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

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

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.