Jithin P.@ Kuttan vs State Of Kerala

Mary Joseph, J

This appeal is filed against an order passed by Court of Sessions, Thalassery (for short, 'the court below') in Crl.M.C No.1248/2021 declining bail to the appellant. The appellant is the sole accused in Crime No.111/2021 of Cherupuzha Police Station registered for offences punishable under Section 305 of the Indian Penal Code (for short, 'the IPC') and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'the SC/ST(POA) Act').

The case of the prosecution was that the accused after getting acquaintance with a minor girl aged 17 years namely one Sreeshna, who belongs to Scheduled Tribe community, through social media, lured her by promising to marry her and also had sexual intercourse with her. Thereafter, the appellant retreated from his promise to marry, alleging illicit relationship with others. He also threatened that her nude photos will be send to her mother. consequently she committed suicide. Therefore, alleging that he is guilty of the offence of abetment to commit suicide, Crime No.111/2021 was registered against him. He has moved an application seeking regular bail before the court below. The application was opposed by the learned public prosecutor vehemently. The court upon perusal of the materials in the Case Diary observed that the investigation in the case is over and a final report is submitted before the court below which has already been taken cognizance of and stands registered on its file as SC No.547/2021.

The court below has observed that the withdrawal of the appellant from his promise, resulted in commission of suicide by the girl and therefore, the allegations cannot be viewed lightly. Accordingly, bail was also declined to him. The said order is assailed. It is found that two crimes are registered against the appellant alleging commission of various offences against the same victim by Cherupuzha Police Station.

Crime No.114/2021, was registered for offences punishable under Sections 450, 376 (2) (n) IPC, and Section 4 read with 3(a), 6 read with 5(l), 12 read with 11(iv), (v), (vi) of Protection of Children from Sexual Offences Act, 2012(for short, 'POCSO Act') and Section 67B of Information Technology Act, 2000 (for short, 'the IT Act') and 3(1)(w)(i), 3(2)(v) of SC/ST POA Act and the appellant obtained bail from this Court, copy of which order is produced alongwith the appeal on hand as Annexure-B. The said order was passed on 09.09.2021 after being convinced from the Report filed by the prosecution that investigation is completed and final report is filed before the court.

It is apprised that the investigation in the case on hand was over and a final report was also filed before the court. The only reason based by the court below while rejecting the application seeking bail was it's grievous nature. Bail is not liable to be declined for indefinite period. The appellant herein was in custody for almost four months and grounds having not been pointed out for his further detention, there is every reason to allow the application on hand on some stringent conditions.

In the result, Crl.Appeal is allowed and bail is granted to the appellant on executing a bond for Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties each for the like sum to the satisfaction of the court where SC No.547/2021 is pending and subject to the following conditions:

The appellant shall surrender his passport before the court below or else he shall file an affidavit that he does not possess it, within one week from the date on which he is released on bail.

He shall not leave the jurisdiction of Kannur District without obtaining permission from the court having jurisdiction.

He shall co-operate with proceedings and the trial of the case and shall not influence or intimidate the witnesses proposed to be examined by the prosecution.

In case of violation of any of the above conditions, the Investigating Officer shall approach Court of Sessions, Thalassery for getting the order canelled.