Rajeesh V.A vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.2248/2021 of Thiruvalla Police Station, Pathanamthitta District alleging commission of offences under Sections 341, 450, 506(ii) & 376(2) (n) of the Indian Penal Code.

The allegation against the petitioner is that, from the year 1999, when the victim was studying in the VIIIth Standard, the petitioner had sexually abused her on several occasions as detailed in the First Information Statement. It is alleged that, on one day in January of 2021, when the victim was returning from a shop, the petitioner again demanded a relationship with her and this prompted the victim to reveal all incidents of abuse from 1999 onwards to her husband and thereafter, the information which led to the registration of the crime was given.

The learned counsel for the petitioner submits that the incidents of abuse from the year 1999 onwards came to be revealed only in the year 2021. It is submitted that even assuming that all the allegations are true, the relationship between the petitioner and the victim was purely consensual and there was no element of rape. It is also submitted that the petitioner has been in custody from 30.10.2021 and further custody of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor, on instructions, submits that the investigation in the matter is progressing. It is submitted that the allegations against the petitioner are quite serious and that the grant of bail may affect the progress of investigation. It is submitted that the offences under the POCSO Act were not incorporated as the incidents of abuse during the time when the victim was a minor happened prior to introduction of the POCSO Act.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 30.10.2021 and also considering the fact that the custody of the petitioner may no longer be required for the purpose of investigation, I am of the view that the petitioner can be released on bail subject to conditions. Accordingly, this bail application is allowed. 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.2248/2021 of Thiruvalla 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. 2248/2021 of Thiruvalla Police station;

(iv) The petitioner shall not enter the local limits of the Thiruvalla Police station where the 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.2248/2021 of Thiruvalla Police Station may file an application before the jurisdictional Court, for cancellation of bail.