Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. MONDAY, THE 31ST DAY OF JANUARY 2022 / 11TH MAGHA, 1943 CRIME NO.851 OF 2021 OF PARIPPALLY POLICE STATION, KOLLAM DISTRICT PETITIONER/ACCUSED: MANU.K., AGED 18 YEARS S/O. LATE KALADAS, “KAVITHA VILASAM”, NADAKKAL CHERRY P.O. KOLLAM - 691 578. BY ADVS. PRATHEESH.P ANJANA KANNATH T.S.SREEKUTTY RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA AT ERNAKULAM,PIN - 682 031. 2 THE STATION HOUSE OFFICER, PARIPPALLY POLICE STATION, KOLLAM DISTRICT - 691 574. BY SRI. M.C. ASHI (PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. The petitioner is the accused in Crime No.851 of 2021 of
Parippally Police Station, Kollam District, alleging commission of offences under Sections 366, 370, 376, 376(2)(n) and 511 of 383 of Indian Penal Code and Section 3 read with Section 4 and Section 5(1) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The allegation against the petitioner is that the petitioner entered into a relationship with the minor victim girl, who was his neighbour, over mobile phone and during the period from 31.08.2021 to 29.10.2021, the petitioner committed sexual assault and rape on the minor victim several times. It is also alleged that the petitioner had procured an amount of Rs.30,000/- and a gold ring of the victim girl under threat that he would transmit her intimate pictures over social media.
3. The learned counsel for the petitioner submits that the
petitioner is aged only 18 and the alleged victim is aged 16. It is submitted that the petitioner and the victim were in a relationship and the allegation of rape is raised on the basis of some misunderstanding. It is submitted that the petitioner has not committed any rape on the victim. It is submitted that the allegation that the petitioner collected a sum of Rs.30,000/- and a gold ring from the victim under a threat, is also not correct.
4. The learned Public Prosecutor, on instructions, would submit that the allegations against the petitioner are serious. It is submitted that since, admittedly, the victim is a minor, the question
of her consent for any sexual relationship is immaterial. It is submitted that the investigation revealed that the allegations against the petitioner are correct. It is submitted that a final report has already been filed in the matter before the Jurisdictional Court. It is also pointed out that since offences under the POCSO Act are involved, the petitioner should not be granted bail at this stage.
5. Having regard to the facts and circumstances of the case
and considering the fact that the petitioner is only 18 years of age and he has been in custody from 20.12.2021 and also considering the fact that his continued detention is not necessary for the purpose of any investigation as a final report has already been filed in the matter, I am of the view that the petitioner can be granted bail. No other criminal antecedents have been reported against the petitioner.
6. In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:
(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;
(2) The petitioner shall report before the investigating officer in Crime No.851 of 2021 of Parippally Police Station, Kollam District, as and when called upon to do so;
(3) The petitioner shall not enter the local limits of the
Parippally Police Station, except for the purpose of attending any court proceedings or in response to any notice issued by any authority for the period up to 30.04.2022.
(4) The petitioner shall not attempt to influence or intimidate the de-facto complainant or any witness in Crime No.851 of 2021 of Parippally Police Station, Kollam District;
(5) 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.851 of 2021 of Parippally Police Station, Kollam District, may file an application before the Jurisdictional Court for cancellation of bail. Sd/- GOPINATH P. JUDGE DK