YYY vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.1109/2021 of Erumapetty police station, alleging commission of offence under Section 376 of the Indian Penal Code and Section 6 r/w. 5(1)(n) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that, he committed sexual assault and rape on the minor victim girl who is related to him and thereby committed the offences alleged against him.

Learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is also submitted that the petitioner and the mother of the victim has some other disputes between them and this resulted in the statement been given by the victim against him. It is also submitted that identical allegations are raised against another relative and Crime No.1767/2021 of Kunnamkulam police station has been registered on the basis of the allegations against the other relative. It is submitted that the petitioner has been in custody for 73 days and his continued detention is not necessary for the investigation of the matter.

Learned Public Prosecutor, on instructions, would submit that the minor victim girl was impregnated and she delivered a child on 16.04.2021. It is submitted that the investigation in the matter is progressing and grant of bail at this stage may affect the progress of the investigation. It is admitted that, on the basis of identical allegations, Crime No.1767/2021 of Kunnamkulam police station has been registered against another relative of the victim girl.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for more than 73 days and taking note of the fact that continued detention of the petitioner is not necessary for investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1109/2021 of Erumapetty Police station on every Monday and Saturday at 10 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 1109/2021 of Erumapetty police station;

(iv) The petitioner shall not enter the local limits of the Erumapetty police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1109/2021 of Erumapetty police station may file an application before the jurisdictional court, for cancellation of bail.