Amjith 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 sole accused in Crime No.336/2022 of Vallikkunnam Police Station. The offences alleged against the petitioner are under Sections 363, 366, 370, 370(A), 354, 354A(1), 376, 376(2)(n) of the Indian Penal Code, 1860 and Sections Sections 4(1) 3(a), 6, 5(1), 8, 7, 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012

According to the prosecution, petitioner committed rape on the victim, who was 17 years and 6 months in age and thereby committed the offences alleged.

Smt.Asha Elizabeth Mathew, learned Counsel for the petitioner submitted that the petitioner had actually married the victim under the bonafide believe that she was a major. It was pointed out that the victim had even conveyed to the petitioner that she had attained majority and that she and the petitioner were in love. It was also submitted that the petitioner is innocent of the allegations and no offence can be imputed against the petitioner.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that even though the petitioner was arrested on 27.06.2022, since the offences alleged against the petitioner involves Section 4 and 5 of the POCSO Act, bail ought not to be granted at this stage.

I have perused the statements given by the victim. Since I notice the statement of the victim that she had conveyed to the petitioner that she attained majority on 24.01.2022 and having regard to the circumstances that the petitioner was arrested on on 27.06.2022, I am of the view that the continued detention of the petitioner is not required in the nature of allegations. 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 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.