Bhagath Suresh vs State Of Kerala

A. Badharudeen, J

This is a petition filed under Section 439 of the Code of Criminal Procedure, seeking regular bail and the petitioner is the sole accused in crime No.408/2024 of Maradu Police Station, Ernakulam.

Heard the learned counsel for the petitioner, the learned counsel appearing for the defacto complainant and the learned Public Prosecutor, in detail. Perused the relevant materials available.

The prosecution allegation is that, the petitioner got acquaintance with the victim girl aged 17 years and on a day in the last week of December, 2023, the accused trespassed into the house of the house of the victim and committed rape on her. The sexual assault was repeated on several days at the same place till 21.02.2024 as a result of which the victim became pregnant. Thereby, the prosecution alleges commission of offences punishable under Sections 376(2)(n) of IPC and Sections 4, 3(a), 6, 5(j)(ii), 5(l) of the Protection of Children from Sexual Offences Act, 2012.

The learned counsel for the petitioner would submit that there is love affair in between the accused and the victim and both of them are ready to marry on attaining majority. This fact is known to the parents of the accused and the victim and the mother of the victim filed an affidavit stating that the victim would be married by the accused on attaining majority. Thus, the learned counsel for the petitioner pressed for grant of regular bail, who has been in custody from 27.03.2024 onwards. He also submitted that, if the accused fails to marry the victim, his bail can be cancelled and the petitioner is ready to be abide by such a condition also to grant bail.

Learned Public Prosecutor would submit that if the marriage as offered would be solemnized, the same is to be facilitated.

Going by the materials available, it is emphatically clear that a minor was subjected to sexual intercourse attracting the above offences alleged to be committed by the accused. Thus, the prosecution allegations are made out, prima facie. However, the petitioner has been in judicial custody from 27.03.2024, where both parties would submit that the marriage between the accused and the victim would be solemnized.

Having considered the above submissions and the detention of the petitioner from 27.03.2024 and the progress of investigation, I am inclined to enlarge the petitioner on bail on stringent conditions and one among the conditions as agreed by the accused is that, the accused shall ensure marriage as offered and if the offer is deviated, the same is a ground to cancel the bail hereby granted, on noticing the said fact by this Court.

Therefore, this petition stands allowed. The petitioner is enlarged on bail on conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Jurisdictional court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed, apart from appearing before the Investigating Officer on all Mondays between 9 am and 10 am, for a period of two months.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this court, the same alone shall be a reason to cancel the bail hereby granted.

vi. The petitioner shall ensure the marriage as offered and if the offer is deviated, the same alone is a ground to cancel the bail hereby granted on noticing the said fact by this Court.