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Judgment
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 S.C.No. 830/2021 before the Special Court (for the trial of offence against children) Ernakulam. The case arose from Crime No.853 of 2021 of Palarivattom Police Station, Ernakulam District. The offences alleged against the petitioner are punishable under Sections 354A(2), r/w Section 354A(iii), 376(2)(n), 376(3), 506(i) and Section 450 of the Indian Penal Code,1860 apart from Section 6(1) r/w Sections 5(j), (ii)(I) Section 12 r/w Section 11(iii) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that the accused, who is a married man, aged 32, while working as an employee in a poultry shop conducted by the father of the victim, committed rape and aggravated penetrative sexual assault, at the residence of the victim aged was 15 years after showing her porn video’s Thereafter, the victim became pregnant and delivered a child also, and thereby the accused committed the offences alleged.
Sri. Jobi A.Thampi, the learned counsel for the petitioner contended that prosecution allegations are false and that the petitioner was arrested on 17-06-2021 and has been in custody since then. It was further pointed out that the victim was recently examined in the trial and therefore considering the long period of detention, petitioner ought to be released on bail.
Smt. Sreeja V., the learned Public Prosecutor pointed out that in the earlier bail order dated 23-06-2022, the date of arrest is mentioned as 27-04-2022 which is incorrect as the correct date of arrest is 17-06-2021. It was also submitted that the victim has been already examined and the trial is continuing.
Having regard to the circumstances that the victim has already been examined and also the long period of detention of the petitioner from 17-06-2021, I am of the view that further detention would amount to punishment without conviction. Therefore the petitioner is entitled to be released on bail. However strict conditions are required to be imposed; since prosecution apprehends that the petitioner may abscond.
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. One of the sureties shall be a local surety.
(b) Petitioner shall not leave Ernakulam District until conclusion of trial.
(c)Petitioner shall appear before the Investigating Officer every Saturday between 9:30am and 10:30am.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave Kerala without the permission of the Court having jurisdiction.
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.