Ram Mahesh Kushwa vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.763 of 2023 of Thirurangadi Police Station, Malappuram, registered under Sections 342, 363, 376AB of IPC and Sections 6(l) r/w 5(m) and 12 r/w 11 (vi) of POCSO Act.

The prosecution allegation is that on 03.08.2023, the petitioner, who is a relative of the victim child, aged only 4 years, sexually assaulted her.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor vehemently opposed the bail application.

Today when the matter is taken up for consideration, the victim girl and her mother appeared before this Court on direction. The mother of the victim stated that, the petitioner herein is the husband of her sister-in-law (husband’s sister) and the complaint happened to be filed on a mistake. She has no objection in releasing the petitioner on bail.

Learned Public Prosecutor submitted on instructions that the investigation is over and final report has been filed and it is pending before Fast Track Special Court, Parappanangadi as SC No.1188 of 2023.

Learned counsel for the petitioner would submit that the petitioner is in custody from 04.08.2023 onwards, and as the final report has been filed, his continued detention is not needed for the purpose of investigation.

The victim, her mother and the petitioner belong to Madhya Pradesh. They came to Kerala seeking job, and now they are residing within the limits of Thirurangadi Police Station. Since investigation is over and final report is filed, and the mother of the victim girl expressed no objection to this bail application, and she herself submitted that, the complaint happened to be filed, on a mistake, this Court is inclined to allow this bail application but on stringent conditions:

i. The petitioner shall be released on bail on cash deposit of Rs.25,000/- (Rupees Twenty Five Thousand Only), and on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties (at least one of the sureties must have property in Kerala) each for the like sum to the satisfaction of the trial court.

ii. The petitioner has to produce copy of his Aadhar Card/Electoral ID/Passport, and shall furnish his local address in Kerala and permanent address in Madhya Pradesh along with his contact number, before the trial court, before executing the bond.

iii. The petitioner shall report before the Station House Officer, Thirurangadi, on alternate Saturdays, between 10.00 am and 11.00 am till the trial is over.

iv. The petitioner shall not enter the limits of Thirurangadi Police Station, except for the purpose of reporting before the Station House Officer.

v. The petitioner shall not try to contact the victim or her family members and shall not influence or intimidate them, either directly or indirectly.

vi. The petitioner shall not leave the limits of State of Kerala without getting prior sanctionfrom the trial court, that too, only for any specific purposes, for a limited period till the trial is over.

vii. The petitioner shall not commit any offence while on bail.

viii. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.

ix. The Child Welfare Committee, Malappuram, is directed to supervise the welfare of the child, during pendency of this appeal and has to file monthly report regarding the welfare of the child before the trial court. Learned Public Prosecutor to serve a copy of this order to the Child Welfare Committee, Malappuram.