Jamsheer vs State Of Kerala

This is an application for regular bail under Section 439 of Cr.P.C.

The applicant is the sole accused in Crime No.355/2020 of Kalikavu Police Station for having allegedly committed the offences punishable under

Sections 376(2)(f)(n), 376(3) and 354 (A)(l)(i) of the I.P.C.; under Section 6 read with Section 5(l)(n)(j)(i) of Protection of Children from Sexual

Offences Act, 2012; and under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The prosecution case, in brief, is this:-

The applicant is the step-brother of the victim, aged only 16 years, outraged her modesty and also committed penetrative sexual assault on different

occasions and thus committed the offences.

The applicant states that the allegations are not true and that the incident took place years back and now the victim is more than 18 years of age

and that the applicant who taken into custody on 07.09.2020 has been incarcerated since then. Custodial interrogation is over. There is nothing to be

recovered from him and the statement of the victim has already been recorded under Section 164 of the Cr.P.C., and therefore, he seeks bail.

Heard the learned Counsel for the applicant and the learned Public Prosecutor.

The learned Public Prosecutor submits that there is a possibility of the applicant intimidating or influencing the witnesses, including the victim,

because he is in the neighbourhood. The victim is residing at Malappuram and the applicant is residing at Kozhikode. Hence, there is no possibility of

his going there to intimidate witnesses. However, restrictions can be imposed regarding his entry into Malappuram District. Since further incarceration

of the applicant may not be required and he has no other criminal antecedents apart from this crime, the applicant can be released on bail.

In the result, the Bail Application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/- (Rupees

fifty thousand only), with two solvent sureties, for the like amount each to the satisfaction of the jurisdictional court, on the following other conditions:

i) He shall appear before the investigating officer as and when called and shall cooperate with the investigation;

ii) He shall not enter Malappuram District till the trial gets over, except for the purpose of attending the trial or for complying with condition No.(i);

iii) He shall surrender his passport before the jurisdictional court and shall not go abroad without the permission of the court and in case he does not

have a passport, an affidavit to that effect shall be filed before the jurisdictional court;

iv) He shall not attempt to influence or intimidate the witnesses; and

v) He shall not get involved in similar offences during the currency of the bail.

In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.