Yadhukrishnan vs State Of Kerala

Raja Vijayaraghavan V ,J

The above captioned application seeking regular bail has been filed under Section 439 of the Code of Criminal Procedure ( “Code†for short )

by the accused in Crime No.361 of 2021 of the Pooyappally Police Station registered under Sections 323, 363, 354, 376(2)n, and 506 of the Indian

Penal Code and Sections 4 r/w 3 and 6 r/w 5(l) of the Protection of Children from Sexual Offences Act, 2012.Â

The victim in the instant case is a girl aged 17 years. The applicant is aged about 21 years. The prosecution allegation is that on 20.4.2021 the

applicant abducted the child from her lawful guardianship and took her to a place called Maruthimala and committed rape.

The learned counsel appearing for the applicant would refer to the earlier records and it is argued that even as per the First Information Statement,

the applicant, and the girl were in love. It is contended that when the fact of the relationship came to knowledge of the parents, the victim was

persuaded to level false accusations against the applicant herein. The learned counsel would submit that the registration of the crime is only to

intimidate and threaten the applicant, as he dared to fall in love with a girl of his liking. He would point out that the applicant was arrested on

21.04.2021 and he remains in custody since then. The learned counsel would urge that the fundamental postulate of criminal jurisprudence is the

presumption of innocence, meaning thereby that a person is believed to be innocent until found guilty. He would vehemently urge that any

imprisonment before conviction has a substantial punitive content and which has time and again been disapproved by this Court as well as the Apex

Court.

The learned Public Prosecutor has opposed the prayer and highlighted the grave nature of the allegations. It is submitted that the victim girl, at the

time of incident, was a minor. It is also submitted that if the applicant is released on bail, he is likely to intimidate the witness and tamper with

evidence.

I have considered the submissions advanced and have perused the materials which are made available. The case records reveal that the

investigation has progressed to the final stages. The records reveal that the applicant, who is aged about 20 years and the victim who is about 18 years

now, were in love. It is not reported that the applicant is involved in any other crimes.

Having considered all the relevant aspects, including the nature of accusations, the severity of the punishment which conviction would entail, the

reasonable possibility of securing his presence at the stage of trial, and other factors I am of the view that the further detention of the applicant in

custody is not necessary. He can be granted bail by imposing appropriate conditions.

In the result, this application will stand allowed, however, it shall be subject to the following conditions:

The applicant 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.

The applicant shall appear before the Investigating Officer between 9 a.m. and 11 a.m. on every Saturday for a period of two months or until the filing of the final

report whichever is earlier.

The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

He shall not commit any offence while on bail.

He shall not leave the State of Kerala without the permission of Court having jurisdiction.

He shall not in any manner contact the witness.

The applicant shall not enter the limits of Pooyappally Police Station limits for a period of six months, except for complying with the conditions of this order. If for

any extraordinary reason the applicant requires to enter the limits, previous permission has to be obtained from the jurisdictional Court.

The applicant shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If

release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before 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.