Binu vs State Of Kerala

The petitioner, who is in custody since 01.01.2021 in Crime No. 2 of 2021 of Koratty Police Station registered for the offences punishable under Section 4 read with Section 3(a), Section 6(1) read with Sections 5(1), 5(k) and Section 12 read with Section 11(iv) of the Protection of Children from Sexual Offences Act, has filed this application for his release on bail.

The prosecution allegation is that he had developed intimacy with the victim, a minor child, through facebook. Thereafter, he used to visit her house quite often and even used to stay there for few days. While so, one day in the month of November, 2020 and on various days before that, he committed penetrative sexual assault on the minor child and thereby committed the aforesaid offences.

According to the learned counsel for the petitioner, the petitioner is an young man aged 20 years.The allegations levelled against him are absolutely false and baseless. Moreover, the prosecution allegation is that he has committed sexual assault on her on various occasions at her residence when her relatives were very much present in the house. That itself shows that the allegations levelled against him are false and baseless. He has no criminal antecedents. Though he is totally innocent, he is undergoing unnecessary incarceration for the last more than two months.

The learned Public Prosecutor has submitted that the investigation of the case has progressed considerably. He has also produced the CD file for perusal while opposing the application for his release on bail.

Of course, the offences alleged against this petitioner are grave and serious in nature. The victim involved is a minor child having slight mental retardation and undergoing treatment before the Department of Psychiatry in Medical College Hospital, Thrissur. The CD file would reveal that this petitioner was given in police custody. The medical examination of the victim was conducted and she was also examined under Section 164 of the Code of Criminal Procedure. Thus the investigation has progressed considerably. Having regard to the present stage of investigation and the period of detention undergone by this petitioner in judicial custody, I think that his further detention may not be required to proceed with the investigation of the case so as to enable the investigating agency to submit the final report. Hence, I am inclined to allow this application. Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One of the sureties shall be a close relative of the petitioner.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.

(iii) The petitioner shall not enter into the jurisdictional limits of Koratty Police Station for a period of six months except for the purpose of interrogation as directed by the investigating officer.

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

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.