Albin Biju vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the 2nd accused in Crime No.329/2022 of Enathu Police Station, Pathanamthitta, alleging offences punishable under Sections 366A and 376DA of the Indian Penal Code, 1860, apart from Sections 3(a), 4(2), 5(g) and 6(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that the 1st and 2nd accused had, under the guise of returning the gold ornaments pledged by the victim, brought her to her house, which was under construction and committed rape on her and thereby committed the offences alleged.

Shri.Vineeth Komalachandran, the learned counsel for the petitioner, along with Smt.Kalliyani Krishna B., submitted that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further pointed out that the 1st accused has already been released on bail on 30.08.2022 and that the petitioner, who stands on an almost similar footing as that of the 1st accused, ought not to be permitted to be in detention, any further.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature. It was further pointed out that there is a difference in the nature of allegations against the 1st accused and the 2nd accused and therefore, the grant of bail to the 1st accused should not weigh in the mind of the Court while considering the present bail application.

I have considered the rival contentions. I have gone through the statement of the victim. The 1st accused as well as the 2nd accused are alleged to have committed rape on the victim on 03.01.2022. Though the victim is only aged 16 years the petitioner, is also a young boy of 20 years. The 1st  accused has already been granted bail by the Sessions Court. The nature of  allegations against  both  accused  are  almost  identical  too. Hence, I am of the view that since the petitioner was arrested on 02.07.2022, the continued detention is not warranted.

Accordingly, this application is allowed on the following conditions:

(a) Petitioner shall be released on bail on him 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.