Jishnu Raj vs State Of Kerala

M.R.ANITHA

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the 7th accused in Crime No.82/2021 of Aloor Police Station registered alleging the commission of offence under Sections 363, 366(A), 342, 354, 354(B), 376(D), 376(2)(I)(n), 506(i), 34 IPC and Sections 4 r/w. 3(a)(b), 6 r/w. 5(g) (k)(l), 8 r/w.7, 10 r/w. 9(g), (k), (l), 17 r/w. 16 of the Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that on 03.05.2020 at about 10 p.m first accused with an intention to commit rape upon the victim, who is a mentally retarded minor aged 17 years, took the victim from her house in a motorcycle with the consent of her mother-9th accused to a house under construction at Vellamchira and raped her at the sit out after illegally confining her and thereafter accused No.2 to 8 also raped the victim. On another day, in the 3rd week of May 2020, again 1st accused took the victim from her house in a 'scootty' to the same place and raped her and accused No.2 to 8 also raped the victim and on the next day also first accused took the victim from her house in an autorickshaw to the same place and all the accused committed rape and thereby accused persons committed the offence aforementioned.

When the case came up for hearing, the learned counsel for the petitioner would contend that all other accused including the mother of the victim girl have already been released on bail and this petitioner has been under confinement for the last 84 days. He was arrested on 17.06.2021. He was remanded from 18.06.2021 onwards.

The learned Public Prosecutor seriously objects in considering the petition and would contend that Final Report has already been filed and the petitioner petitioner can very well approach the trial court. 8th accused is absconding also.

However taking into account the fact that all other accused except the present petitioner have already been released on bail and Final Report also filed, the continued confinement of the petitioner is not seen necessary. It has also come out that the mother of the victim who alleged to have connived the act has already been released on bail. The petitioner has been under confinement for the last 84 days.

In the said facts and circumstances of the case, I am inclined to grant bail to the petitioner on stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the investigating officer for interrogation as and when required by him.

(iii) 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.

(iv) Petitioner shall not enter into the Panchayat where the victim girl resides.

(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.