Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 BAIL APPL. NO. 4048 OF 2024 CRIME NO.258/2024 OF Chirayinkeezhu Police Station, Thiruvananthapuram PETITIONER/ACCUSED: MIDHUN, AGED 19 YEARS S/O. BINU, HAIMAVATHI VILAKAM KUZHIYAM COLONY PERUNGUZHI, AZHOOR VILLAGE ,THIRUVANNATHAPURAM, PIN - 695305. BY ADVS. M.R.SARIN PARVATHY KRISHNA P.SANTHOSHKUMAR (KARUMKULAM) SAUMYA.P.S AJI S. ASHA MARY KURIAN RESPONDENTS/STATE/DEFACTO COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 STATION HOUSE OFFICER, CHIRAYINKEEZHU POLICE STATION, CHIRAYINKEEZHU TRIVANDRUM, PIN - 695304. 3 XXX, AGED 17 YEARS RESIDING YYY BY ADV ABHILASH J SENIOR PUBLIC PROSECUTOR SRI RENJIT GEORGE THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 27.05.2024, THE COURT ON 04.06.2024 DELIVERED THE FOLLOWING: B.A.No.4048/2024 2
A. BADHARUDEEN, J.
================================ B.A.No.4048 of 2024 ================================ Dated this the 4th day of June, 2024
ORDER
This is an application for regular bail filed by the sole accused in Crime No.258 of 2024 of Chirayinkeezhu Police Station, Thiruvananthapuram.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.
3. The prosecution case is that at 11 am on a day during
the first week of June, 2013, the accused entered into the house of the defacto complainant, a minor, who was studying in Plus B.A.No.4048/2024 3 Two course and raped the defacto complainant with promise of marriage. Thereafter on several days the accused reached the residence of the defacto complainant and subjected her to rape on the promise of marriage. Further at 12 noon on 15.12.2023 also the accused subjected her to rape repeating the promise of marriage and she became pregnant subsequently. On this premise prosecution alleges commission of offences punishable under Sections 4(1) r/w 3(a), 6(1) r/w 5(1), 5(j)(ii) of the Protection of Children from Sexual Offences Act (`Po CSO Act’ for short).
4. The learned counsel for the petitioner submitted that
the victim and the accused are in love affair and the sexual intercourse, if any, is the outcome of the said relation. Thus highlighting the custody of the petitioner from 24.03.2024 onwards and the progress of the investigation, the learned B.A.No.4048/2024 4 counsel for the petitioner pressed for regular bail to the petitioner.
5. The learned Public Prosecutor strongly opposed bail
contending that very serious offences are alleged to be committed by the accused against the minor girl and she became pregnant and pregnancy matured to 7 months. This was reiterated by the learned counsel for the defacto complainant also.
6. In this case even though repeated sexual intercourse,
which made the defacto complaint become pregnant, is the outcome of a love relationship, it is evident from records that the victim is a minor where element of consent is of no consequence and overt acts alleged by the prosecution would show sufficient materials to attract the offences alleged to be committed by the accused. In such a case, if the petitioner is released on bail, B.A.No.4048/2024 5 there is likelihood of threatening the victim, witnesses and tampering of evidence. Thus fair trial could not be materialised. Therefore, this is not a fit case where the accused deserves bail. Hence the petition must fail and is accordingly dismissed. Sd/- (A.BADHARUDEEN, JUDGE) rtr/