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Judgment
Ziyad Rahman A.A., J
The petitioner is the sole accused in Crime No.1717 of 2022 at Ernakulam Central Police Station. The offences alleged against the petitioner are under Sections 370A and 376(2)(f) of the Indian Penal Code and Sections 3, 4, 5(f), 5(k), 6, 11(iii) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that the accused committed penetrative sexual assault on the victim aged 17 ½ years in the flat of the petitioner at Kadavanthra and thereby committed the offences. The petitioner was arrested in connection with the investigation of the said case on 04.12.2022, and since then, he is under detention.
The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to the learned counsel for the petitioner, the petitioner was falsely implicated in the said case, as the victim was in a love relationship with another boy, and the petitioner informed this to his mother, and a false complaint was submitted as a retaliation of the same.
On the other hand, the learned Public Prosecutor would oppose the said application. The learned Public Prosecutor points out that parents of the victim are divorced, and mother is working abroad. The accused is a family friend of the victim, and the victim has learning liability. According to the learned Public Prosecutor, this is a case in which the petitioner exploited the relationship with the victim's family and her disability, and committed penetrative sexual assault upon her. However, it is pointed out that the investigation in this case is already completed, and final report has been submitted.
I have gone through the records and heard the contentions raised from either side. Even though the allegations raised against the petitioner are serious, since the investigation, in this case, is already completed, I am of the view that the petitioner can be released on bail subject to stringent conditions to ensure that the petitioner is not contacting the victim or other witnesses in this case. This is particularly because the petitioner's further incarceration appears unnecessary as the investigation is completed.
In such circumstances, the petitioner is directed to be released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall appear before the investigating officer as and when required by him.
(iii) The petitioner shall not commit any offence of similar nature while on bail.
(iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(v) The petitioner shall not leave the State of Kerala without the permission of the trial Court.
(vi) The petitioner shall not enter into the territorial jurisdiction of the Ernakulam Central Police Station except to appear before the court or the investigation officer until further orders.
(vii) The petitioner shall surrender his passport before the jurisdictional court, and, in case he does not have a passport, an affidavit to that effect shall be filed.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.