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 accused in Crime No.385/2022 of Taliparamba Police Station, Kannur District alleging offences under Section 376(2)(f) (k)(n), 376(3) of the Indian Penal Code, 1860, Section 11(ii) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that petitioner who is the cousin of the victim girl aged 16 years committed penetrative sexual assault on her and thereby committed the offences alleged against him.

Sri.V.A.Satheesh, the learned counsel for the petitioner submitted that the petitioner is totally innocent and he has been falsely implicated in the crime. According to the learned counsel, since the petitioner was arrested on 19.03.2022, the continued detention of the petitioner is not required, especially since the final report was filed as early as on 29.03.2022.

Smt.Nima Jacob, the learned Public Prosecutor vehemently opposed the grant of bail and pointed out that the accused had indulged in sexual acts of a serious nature, that too, on a minor victim and releasing him on bail could send a wrong message to the society.

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 19.03.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) The 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.

(b) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The 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.