Navas Shereef K.T vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the second accused in Crime No.304/2021 of Edavanna police station, alleging commission of offences under Sections 363, 366(A), 376(3) of the Indian Penal Code and Sections 6 r/w.5(1), 4(2) r/w.3(a), 3(b), 3(d), 17 r/w. 16(2) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that, he arranged transportation for the 1st accused to take the victim girl from a place known as 'Mini Ootty' to a hotel/lodge near Karipur airport and also used his identity card for the purpose of booking a room for the 1st accused to stay along with the victim girl and thereafter, arranged food and clothing for the 1st accused and the victim girl. By these acts, the petitioner was seen as being involved in the conspiracy to commit the offences under the aforesaid provisions of law.

Learned counsel appearing for the petitioner submits that there is no allegation that the petitioner had abused the victim girl in any manner. It is submitted that the allegations against the petitioner is confined to that indicated above. It is also submitted that the petitioner has been in custody from 12.09.2021 and has completed 85 days in custody as on date. It is submitted that further custody of the petitioner is not required for the purpose of investigation into the matter.

I have heard the Senior Government Pleader appearing for the State. It is submitted that the petitioner was clearly part of the conspiracy and he, by his actions, helped the 1st accused to commit the offences on the minor victim girl. It is submitted that the petitioner also did not reveal the incident of abuse of the victim girl by the 1st accused despite having full knowledge of the situation and despite knowing that the victim was a minor . It is therefore submitted that the petitioner is as guilty as the 1st accused and the fact that he did not abuse the victim girl does not absolve him of the offences alleged against him.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 12.09.2021 and also considering the fact that further custody of the petitioner may not be necessary for a proper investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.304/2021 of Edavanna Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.304/2021 of Edavanna police station;

(iv) The petitioner shall not enter the local limits of the Edavanna police station where the de facto complainant/victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.304/2021 of Edavanna police station may file an application before the jurisdictional court, for cancellation of bail.