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Judgment
Application for regular bail. The petitioner is the accused in Crime No.1595/2020 of Irinjalakuda Police Station registered for the offences
punishable under Sections 363, 370, 376(2)(n), 323, 354(A)(i) of the Indian Penal Code and Sections 6 R/w 5(1)(n)(p), 4 R/w 3(a), 10 R/w 9(1) (n)(p),
12 R/w 11(ii)(iv) and 8 R/w 7 of the POCSO Act and Section 75 of the Juvenile Justice Act.
The petitioner has been in custody since 24.12.2020.
The prosecution case is that on 10.05.2019 at about 11.30 a.m., this petitioner had kidnapped the victim from her house and took her to his house
and committed rape on her. Thereafter also he committed the very same offence on various days. Thus he has been booked for the aforesaid
offences.
The learned counsel for the petitioner submits that, this petitioner is a close relative of the victim. In fact they were in love and the respective
families had decided to conduct their marriage. The petitioner was employed at Banglore, while so she developed intimacy with another person and
that was questioned by this petitioner. Infuriated by the same and also thinking that he will back out from the proposal at the instigation of his parents,
this false case has been registered against him. Actually he is undergoing incarceration on the false accusation levelled against him by the victim and
hence this petition for his release on bail.
According to the learned Public Prosecutor the investigation of the case is practically over and the final report will be filed within no time.
Having regard to the nature of the accusations levelled against this petitioner, the fact that the investigation is nearing completion and also the fact
that the petitioner has no criminal antecedents, I am inclined to release him on bail subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for
the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall co-operate with the trial of the case.
(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) 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.