Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 BAIL APPL. NO. 8401 OF 2021 CRIME NO.744/2021 OF CHALAKUDY POLICE STATION PETITIONER/ACCUSED: X AGED 21 YEARS X BY ADVS. JAI GEORGE M.K.ROY RESPONDENT/COMPLAINANT: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI 682 031. SRI. C.N. PRABHAKARAN (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 8401 OF 2021 2
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.744/2021 of
Chalakudy police station, Thrissur district, alleging commission of offences under sections 4, 3(a), 6(1), 5(j)(ii), 5(n) of the Protection of Children from Sexual offences Act 2012 and Section 376(2)(f) of the Indian Penal Code.
3. The allegation against the petitioner is that, the petitioner, who is the victim’s father’s nephew, raped and impregnated the victim girl who was only 16 years old at the time of the incident.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent in the matter. It is submitted that the petitioner is only 21 years old. It is submitted that no complaint had been raised against the petitioner and the crime was registered on the basis of the information given by the doctor, who examined the victim girl. It is submitted that the petitioner has been in custody from 21.10.2021 and continued detention of the petitioner is not necessary for a proper investigation into the matter.
BAIL APPL. NO. 8401 OF 2021 3
5. Learned Public Prosecutor, on instructions,
submits that the release of the petitioner on bail is not warranted in the facts and circumstances of the case. It is submitted that there was no prior relationship between the petitioner and the victim girl. It is also submitted that the allegations clearly constitute the offence of rape and since the victim is a minor, also attracts the offences under the POCSO Act. He also submits that the release of the petitioner on bail at this point of time may affect the progress of the investigation.
6. Having regard to the facts and circumstances
and considering the age of the petitioner and also considering the fact that petitioner has been in custody from 21.10.2021, I am of the opinion that the petitioner can be released on bail subject to strict conditions to ensure that the investigation into the matter is not affected in any manner. 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 BAIL APPL. NO. 8401 OF 2021 4 jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 744/2021 of Chalakudy Police station on every Tuesday and Saturday at 09.00 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.744/2021 of Chalakudy police station;
(iv) The petitioner shall not enter the local limits of the Chalakudy 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.744/2021 of Chalakudy BAIL APPL. NO. 8401 OF 2021 5 police station may file an application before the jurisdictional court, for cancellation of bail. SD/- GOPINATH P. JUDGE ajt