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Judgment
Dr.Kauser Edappagath, J
This application for bail has been filed by the accused in Crime No.1347/2021 of Mattancherry Police Station under Section 439 of Cr.P.C.
The offences alleged against the accused are under Sections 376, 376(2)(n), 376(3), 354, 354(A)(2) read with Section 354(A)(1)(i) of the IPC and Section 4(2) read with Section 3(a), 6(1) read with Section 5j(ii) 5(l) of the Protection of Children From Sexual Offences Act.
The prosecution case in short is that the accused got acquaintance with the victim who is aged below 16 years and committed rape on her on three days from 2.7.2021 during night between 1 a.m. and 2.30 a.m., against her consent, as a result she became pregnant and there by committed the offence.
Heard both sides and perused the case diary.
It is true that the victim was aged 16 years at the time of the incident. However, the case records would show that the victim and the accused were in love. The alleged act of rape was committed at the house of the victim, that too, in the mid night. The accused is in judicial custody since 10.9.2021. Now more than 67 days has been elapsed. The learned prosecutor submitted that investigation is over and charge sheet will be filed on next week. The petitioner has no criminal antecedents. He is a youngster aged 19 years. Considering, the fact that the investigation is over, the accused is of very young age and also considering the fact that the victim and the accused were in love, I am of the view that further detention of the petitioner is not necessary.
In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.
(vii) The petitioner shall not enter into the jurisdiction of the police station where the victim resides.