Rahul vs State Of Kerala

K.Babu, J

This is an application filed under Section 439 of the Code of Criminal Procedure.

The petitioner is accused in Crime No.1005/2022 of Chavakkad Police Station. The offences alleged against the petitioner are punishable under Sections 305, 366A, 354D(1)(i) r/w Section 354D(2) and 376(2)(n) of IPC, under Sections 3(a) r/w Section 4(1), 5(l) r/w Section 6(1), 11(iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012 and under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015.

The prosecution case is that the accused with sexual intent repeatedly and constantly followed, watched and contacted the deceased victim, who is a member of Scheduled Caste in the pretext of love and fraudulently induced her to have sexual intercourse with him on several occasions. It is further alleged that the victim girl committed suicide when the accused avoided her.

The petitioner was arrested on 27.12.2022 and has been in judicial custody since then.

Notice was served on the defacto complainant through the Station House Officer, but he did not turn up.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the investigation is in the final stage, and hence, further detention of the petitioner is not necessary. It is also submitted that the prosecution case would only reveal consensual sexual intercourse between the parties.

The  learned  Public  Prosecutor  opposed  the  bail  plea  of  the petitioner.

Having regard to the nature of the allegations, stage of the investigation and the tenure of judicial custody undergone by the petitioner, I am of the view that the petitioner is entitled to be released on bail on conditions.

In the result, the Bail Application is allowed as follows:

(a) The petitioner shall be released on bail on his executing bond for Rs.50,000/ (Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court.

(b) The petitioner shall appear before the Investigating Officer on all Mondays between 10 A.M. and 11 A.M. for a period of three months or till the final report is filed, whichever is earlier.

(c) The petitioner shall not try to influence the prosecution witnesses or attempt to tamper with the evidence.