Yadhukrishnan vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in crime No.344/2021 of Kareelakulangara Police Station, Alappuzha, which is registered for the offences punishable under Sections 447, 376(2)(n)(3), 354A(1)(i), 354B and 354D(1)(i) IPC and Sections 4(2) r/w 3(a), 6 r/w 5(j)(ii), 8 r/w 7, 10 r/w 9(1) and 12 r/w 11(iv) of PoCSO Act.

It is alleged that the petitioner promised to marry the minor victim aged below 16 years. On 15.11.2020 at 12.00 midnight, trespassed into the courtyard of her house and with an intention of subjecting her to forceful sexual intercourse asked her to come out of the house and hugged her in the courtyard and also removed her clothes and had sexual intercourse with her. Thereafter, on several days he repeated the act and ultimately, the victim girl become pregnant and thereby the accused committed the aforesaid crime.

The main contention of the learned counsel for the petitioner is that he is only 20 years old and is in custody from 30.06.2021 onwards. So taking into account the period of confinement already undergone by the petitioner, bail has to be granted.

The learned Public Prosecutor submitted that the investigation is over and draft charge has already been submitted for approval. It is submitted by the learned counsel for the petitioner that the parents of the victim and also the petitioner has come to an understanding that the petitioner would marry the victim girl. It is also contended that the petitioner and the defacto complainant were in love. The victim girl was 16 years old at the time of incident.

The defacto complainant is impleaded as the additional 3rd respondent. Adv.Nabil Khader appears on the behalf of the defacto complainant.

It has come out that the petitioner is only 20 years old and is a student. He has been under confinement from 30.06.2021 onwards. Investigation is over and draft charge sheet has already been submitted for approval. In the said circumstances, taking into account the fact that the petitioner is only 20 years old and he has been under confinement from 30.06.2021 onwards, continued confinement of the petitioner is not seems necessary in this case. Therefore, the petitioner is released on bail on the following conditions:-

i. Petitioner shall be released on bail on executing a bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court;

ii. He shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months.

iii. He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

iv. He shall not try to contact or influence the witnesses or tamper with the evidence;

v. He shall not involve in any crime during the period on bail.

vi. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.