Mebin vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the second accused in Crime No.1177 of 2022 of Kattappana Police Station, Idukki District, registered for the offences punishable under Section 376(1) of the Indian Penal Code, 1860 apart from Sections 3(a), 4, 5, 6, 21(1) of the Protection of Children from Sexual Offences Act, 2012 and also under Section 325 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The prosecution case is that, the first accused had committed penetrative sexual assault on the victim, who is a minor, and the accused herein abetted the commission of the said offence, and therefore offences under Section 115 of IPC as well as Section 17 of the POCSO Act were added.

Sri.Madhavankutty, the learned counsel for the petitioner, submitted that the prosecution allegations are false and that the incident as alleged had not occurred. According to the learned counsel, petitioner is innocent and was not even aware of any offence being committed by the first accused on the victim. It was further submitted that, in any event, petitioner has been in custody since 28.09.2022, and therefore further detention may not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious and that even though he has been in detention since 28.09.2022, if the petitioner is released on bail, there is every possibility of the petitioner influencing and intimidating the victim and other witnesses.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 28.09.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.