Nikhil Roy vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the sole accused in Crime No.17 of 2021 of Chittarikkal Police Station, Kasargod District. The offences alleged against the petitioner are punishable under Sections 363, 370(4), 354A(1)(i) of the Indian Penal Code,1860 apart from Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 08-01-2021 while the victim was residing with the parents the accused enticed and transported her and also hugged and kissed her and thereby committed the offences alleged.

Smt.Reshma E., the learned counsel for the petitioner contended that the prosecution allegations are false and that incident as alleged had not occurred. It was also submitted that the petitioner and the victim were in a relationship and that she had willingly come along with the petitioner. It was also pointed out that no sexual offence of any nature has been committed, which is evident from the medical report and also that petitioner was arrested on 27-10-2022 and has been in custody since then. It was further submitted that the petitioner is willing to abide by any conditions that may be imposed upon him.

Sri.Noushad K.A, the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious and that petitioner ought not to be released on bail. The learned Public Prosecutor also submitted that the charge sheet has already been filed.

I have considered the rival contentions and have also perused the statement of the victim as well as the medical report.

Petitioner is only 22 years in age and he is working abroad. The offence alleged against the petitioner is that he had enticed the victim and hugged and kissed her. Having regard to the nature of the allegations, I am of the view that the continued detention of the petitioner is not at all essential.

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, before travelling abroad for his work, intimate the date of travel as well as the details of his contact number and residential address abroad in the form of an affidavit to be filed before the jurisdictional Court.

(d) Petitioner shall also appear and participate in the trial.

(e) 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.