Yadhukrishnan P. vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1371 of 2022 of Hosdurg Police Station, Kasaragod District, registered for the offences punishable under Sections 376(2)(n) of the Indian Penal Code, 1860 and also under Sections 6(1) r/w Section 5(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, in August and in September 2022, the accused raped the survivor aged 16 years and thereby committed the offences alleged.

Adv.S.Jiji, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that petitioner and the victim were in a relationship and that he has been falsely implicated in the crime. It was further submitted that petitioner is only 20 years in age and that he has been in custody since 20.10.2022 and therefore, further detention ought not be permitted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that even though the final report was filed on 28.11.2022, releasing the petitioner on bail would cause prejudice to the victim.

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 20.10.2022, 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) 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 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 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.