Anandu S.S vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.2289/2021 of Palode police station, alleging commission of offence under Section 376(2)(n) of the Indian Penal Code and Section 4 r/w. 3(a) of the Protection of Children from Sexual Offences Act. Since the victim is a member of one of the Schedule Caste communities, the offence under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was also incorporated against the petitioner.

Allegation against the petitioner is that, he enticed the minor victim girl aged 17 years to go with him to several places and committed penetrative sexual assault on her and thereby, he committed the offence alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner is a 19 year old boy and that the petitioner and the victim girl were in love with each other. It is submitted that there was no element of any coercion and the victim girl had gone with the petitioner out of her own free will. It is submitted that the petitioner has been in custody for 40 days and his continued detention is not necessary for the purpose of any investigation.

Learned Public Prosecutor with reference to the case records would submit that the victim is a 17 year old girl belonging to a weaker section of the society. It is pointed out that the question of consent does not arise as the victim is admittedly a minor girl. It is submitted that the petitioner is not entitled to bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner is only 19 years of age and also considering the fact that the petitioner has been in custody for 40 days (having been arrested on 19.12.2021), I am of the opinion that the petitioner can be released on bail subject to conditions as his continued detention is not necessary for the purpose of investigation. Accordingly, this application for 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 jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.2289/2021 of Palode Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the victim or the de facto complainant or any witness in Crime No. 2289/2021 of Palode police station;

(iv) The petitioner shall not enter the local limits of the Palode police station where the victim 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.2289/2021 of Palode police station may file an application before the jurisdictional court, for cancellation of bail.