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Judgment
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 2nd accused in Crime No.593/2022 of Thodupuzha Police Station, Idukki. The offences alleged against the petitioner are under Sections 366A, 370(4) and 376(1) r/w Section 34 of the Indian Penal Code, 1860, Section 4 r/w Section 3(a), Section 6(11) r/w Section 5(j)(ii) and Section 17 r/w Section 16 of the Protection of Children From Sexual Offences Act and Section 84 of the Juvenile Justice Act.
The prosecution case is that in furtherance of their common object, the 1st accused procured the victim, aged 17 years from the guardianship of her parents and handed her over to the petitioner, under the guise of providing an employment and the petitioner after giving a white powder committed rape on her and thereby committed the offences alleged.
Sri.Sooraj T.Elenjikkal, learned Counsel for the petitioner submitted that the accused was arrested on 10.04.2022 and has been in custody since then. He further submitted that the entire prosecution case is false and that petitioner is totally innocent.
Sri.K.A.Noushad, learned Public Prosecutor submitted that investigation was completed and final report was filed on 06.07.2022. On an earlier occasion, when the petitioner had moved this Court through bail application No.4459/2022, the same was rejected noticing that the investigation had not yet been completed.
Having regard to the circumstances that the investigation has already been completed and that the petitioner has undergone detention from 10.04.2022, I am of the view that since the case of the petitioner stands on a different footing from that of the 1st accused, the continued detention of the petitioner is not required. Accordingly, this application for bail 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
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.