Akshay, vs State of Kerala

Type Court Judgment Court Kerala Decided Aug 25, 2023

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Citation: sooperkanoon.com/1381261
Court: Kerala High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Aug 25, 2023
Case Number: Bail Appl./6839/2023

Parties & Advocates

Appellant / Petitioner

Akshay,

Respondent

State of Kerala

Excerpt

.....for the petitioner and smt. seetha s, the learned public prosecutor, appear for the state.5. i have carefully gone through the records. one of thecrucial contentions raised by the learned counsel for the petitioner is that, the petitioner and the defacto complainant were in a love affair. when going through the contents of the statement of the victim given before the learned magistrate under section 164 of the cr.p.c., it is seen that the sexual intercourse was not forceful. however, it is a fact that since the defacto complainant was a minor, the consent of the victim was not relevant as far as the offences were concerned. but, since this is an application for bail where the question is whether the petitioner is to be detained or not, i am of the view that, the said aspect can have some relevancy. besides the same, it is also a fact that the petitioner has been in judicial custody since 24.06.2023. the petitioner is a young man aged 21 years old. in such circumstances, i am of the view that, further incarceration of the petitioner is not necessary.6. thus taking note of the entire aspects of the case, ideem it appropriate to allow this bail application. therefore, the petitioner can be released on bail by imposing appropriate conditions to ensure that the petitioner is not contacting or intimidating any witnesses. accordingly, this application is allowed on the following conditions:- 1) the petitioner shall be released on bail on executing a bond for rs. 1,00,000/- (rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional magistrate.2) the petitioner shall surrender his passport to the investigating officer and the petitioner shall fully co-operate with the investigation. 3) the petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every wednesday until the filing of final report. 4) the petitioner shall also appear before the investigating officer as and when required by.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 (CRIME NO.996/2023 OF PANANGAD POLICE STATION) PETITIONER/ACCUSED: AKSHAY, AGED 21 YEARS S/O.K R SHAJI, KUNNATHUPARAMBIL HOUSE, VAYALA P.O, KOTTAYAM DISTRICT, PIN - 686587 BY ADVS. UNNI SEBASTIAN KAPPEN SREEHARI INDUKALADHARAN RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: SMT.S.SEETHA-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

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

2. The petitioner is the accused in Crime No.996/2023

of Panangad Police Station. The offences alleged against the petitioner are punishable under Sections 363, 370, 354, 354A(1)(i), 354B, 354D, 376(3), 376(2)(n) of the Indian Penal Code and also under Sections 4(2) r/w 3(a), 6 r/w 5(l), 8 r/w 7, 10 r/w 9(l), 12 r/w 11(vi) of the POCSO Act.

3. The prosecution case is that on 23.06.2023 at about

8.00 p.m. the accused enticed and took the victim girl, aged 15 years from the custody of her parents in his motorcycle to a lodge room near Kundanoor Flyover and thereafter, had sexual intercourse with her. The crime was registered in such circumstances. The petitioner was arrested in connection with the same on 24.06.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

4. Heard, Sri. Unni Sebastian Kappen, the learned Counsel appearing for the petitioner and Smt. Seetha S, the learned Public Prosecutor, appear for the State.

5. I have carefully gone through the records. One of the

crucial contentions raised by the learned Counsel for the petitioner is that, the petitioner and the defacto complainant were in a love affair. When going through the contents of the statement of the victim given before the learned Magistrate under Section 164 of the Cr.P.C., it is seen that the sexual intercourse was not forceful. However, it is a fact that since the defacto complainant was a minor, the consent of the victim was not relevant as far as the offences were concerned. But, since this is an application for bail where the question is whether the petitioner is to be detained or not, I am of the view that, the said aspect can have some relevancy. Besides the same, it is also a fact that the petitioner has been in judicial custody since 24.06.2023. The petitioner is a young man aged 21 years old. In such circumstances, I am of the view that, further incarceration of the petitioner is not necessary.

6. Thus taking note of the entire aspects of the case, I

deem it appropriate to allow this bail application. Therefore, the petitioner can be released on bail by imposing appropriate conditions to ensure that the petitioner is not contacting or intimidating any witnesses. Accordingly, this application is allowed on the following conditions:- 1) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Magistrate.

2) The petitioner shall surrender his passport to the investigating Officer and the petitioner shall fully co-operate with the investigation. 3) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. 4) The petitioner shall also appear before the investigating officer as and when required by him. 5) The petitioner shall not commit any offence of like nature while on bail. 6) The petitioner shall not make any attempt to contact

any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. 7) The petitioner shall not leave the State of Kerala without the permission of the trial Court. In case of violation of any of the above conditions, the jurisdictional Magistrate shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE LU APPENDIX OF BAIL APPL. 6839/2023 PETITIONER ANNEXURES Annexure 1 FREE COPY OF THE ORDER OF THE COURT OF ADDL.DISTRICT AND SESSIONS JUDGE, ERNAKULAM IN CRL.M.P.NO 368 OF 2023 DATED 01.08.2023

Same Court & Year Kerala · 2023 Same Parties Akshay, vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.