Manumohan.M vs State Of Kerala

M.R.Anitha, J

Petitioner is the accused in Crime No.394/2021 of Chavara Thekkumbhagam police station, Kollam district which is registered under Sections 376(1), 354A IPC and Section 5(1), 6 of the Protection of Children from Sexual Offences Act, 2012.

It is alleged that the accused with the intention and preparation to commit rape upon the minor de facto complainant took her from Pallikode bus stop at Thekkumbhagom in a car and brought her to St.Antony's School, Neendakara in connection with the scientific meet at school and thereafter took her to Kottankulangara and committed rape upon her while travelling in the car by giving beer to her. Subsequently on another day also, he sexually assaulted her and thereby committed the offence aforementioned. Petitioner was arrested on 18.6.2021 and thereafter he has been under confinement. Hence the petition.

According to the learned counsel for the petitioner, petitioner is a soldier in Indian Army working as Naik and has no criminal antecedents. He has no connection with the de facto complainant. Actually she had a relationship with one Akhil Raj and along with him victim went to Ernakulam on 17.6.2021 and a complaint for man missing was filed by her mother before the 2nd respondent and the said Akhil Raj was arrested and crime was registered against him. It is alleged that at the time of medical examination, she revealed about this act of rape at the instance of the petitioner. Petitioner/accused is a married man and his wife is suffering various types of diseases. Annexure A5 is the copy of medical records pertaining to his wife issued from Sree Chitra Tirunal Institute of Medical Sciences and Technology, Trivandrum, which would show the diagnosis as chronic Thromboembolic Pulmonary Artery Hypertension etc.

The learned Public Prosecutor on the other hand, objects in considering the petition in view of the serious nature of the offence alleged to have been committed by the petitioner. A report filed by the SHO, Chavara, Thekkumbhagam police station also would state that the investigation is in progress and though the petitioner is a married man working in Indian Army and fully aware of the law, he sexually abused the minor victim by giving beer for consumption and thereafter abused her sexually and it was repeated. It is also contended that if the petitioner is released on bail, there is every possibility of influencing the witnesses and threatening them. But the records produced from the side of the respondent itself would show that the victim has been examined by the doctor on 18.6.2021 and she disclosed to the doctor that while she was going to her house, along with Akhil Raj, police caught them and he has not sexually abused her. In the 164 statement produced from the side of the respondent she stated about the sexual assault by one Manu, the petitioner. Though the incident alleged to have been taken place in between 1.1.2020 and 3.12.2020, FIS has been lodged on 18.6.2021. There is delay in lodging the FIS also. No reason explaining the delay is stated in the FIS. Petitioner has been under confinement from 18.6.2021 onwards. So continued confinement of the petitioner will not be necessary in the facts and circumstances of the case. Petitioner is working in Indian Army as Naik also. In view of the facts and circumstances bail is granted to the petitioner on the following conditions:-

(i). Petitioner shall execute 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 jurisdictional court;

(ii). He shall report before the Investigating Officer on 1st Sunday of every month between 9.00 am and 11.00 am for three months or until final report is filed whichever is earlier.

(iii). He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;

(iv). He shall not try to contact or influence the witnesses or tamper with the evidence;

(v). He shall not involve in any crime during the period on bail.

(vi). If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.