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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.1581 of 2021 of Maradu Police Station registered for the offences punishable under Sections 363 and 370 of the Indian Penal Code, 1860 and also under Sections 11(iv) r/w. Section 12 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that, on 06.10.2021, the accused persuaded the victim, who is aged only 14 years, to elope with him to Odisha from the custody of her parents for the purpose of marrying him, and thereby committed the offences as alleged. Petitioner was arrested on 24.05.2022 and has been in custody since then.
Sri.Santhosh, the learned counsel for the petitioner submitted that none of the offences alleged against the petitioner will lie since the victim herself had stated that there was no physical or mental harassment with any sexual intent committed by the petitioner on her. Notwithstanding the above, offences have been alleged against the petitioner merely because he hails from a different State. According to the learned counsel, continued detention of the petitioner is not warranted.
Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that petitioner has committed a serious offence. It was also submitted that final report has already been filed in the case on 24.05.2022.
A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 24.05.2022, I am of the view that the continued detention of the petitioner is not required, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offence while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.