Sherina And Ors vs State Of Kerala

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioners are the accused Nos 1 & 2 in Crime No 470 of 2021 of Kayamkulam Police Station. The offences alleged are under Sections 9 and

10 of the Prohibition of Child Marriage Act, 2006.

The prosecution case in short is that the, the 2nd petitioner/ 2nd accused, who is in living-in-relationship with one Ramla, who is the mother of the

1st petitioner/1st accused, conducted the marriage of the minor daughter of the 1st petitioner/accused, with the 3rd accused,. The daughter of the 1st

accused is aged only 12 years and the said marriage was conducted with full connivance of the 1st petitioner as well.

The petitioners were arrested on 19.04.2021 and they are in judicial custody since then.

Heard both sides and perused the case diary.

The learned counsel for the petitioners submitted that the petitioners are innocent and they were falsely implicated in the present case. It is

contended by them that, the materials available are not sufficient to establish any of the offences alleged against them. The learned Public Prosecutor

opposed the bail application. According to him, the accused committed the offences alleged against them and in case the petitioners are released on

bail, they are likely to influence the witnesses and thereby interfere with the ongoing investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioners with the crime. However, the

petitioners were remanded to judicial custody on 19.04.2021 and now 22 days have been elapsed. Apparently, investigation is proceeding smoothly and

uninterruptedly. It is also a relevant aspect to notice that, on account of the alarming situation prevailing in the State owing to wide spread of COVID-

19 Pandemic, the Government is taking measures to de-congest the prisons so as to enable the authorities concerned to maintain social distancing

within the prisons. As part of the said initiative, they have issued G.O(Rt)No.1311/2021/HOME dated 05/05/2021, directing the authorities concerned

to grant parole to eligible inmates of the Prisons in the State, subject to the compliance of Rule 397(L) of the Kerala Prisons and Correctional Services

(Management) Rules 2014. The Honourable Supreme Court, vide order dated 7.05.2021 in Suo Motu Writ Petition (C) No. 1/2020 also issued various

directions for minimizing the strength of inmates in prisons. Therefore, even though the allegation against the petitioners are serious in nature,

considering the existence of extra ordinary situation owing to COVID-19 pandemic, which warrants extra ordinary measures, it has become

necessary to release the petitioners on bail, for the larger interest of the society. Even though this is an offence relating to the marriage of a minor girl,

no offences under the provisions of the Protection of Children from the Sexual Offences Act, 2012 are alleged against the accused.

Considering the totality of the facts and circumstances, I am of the view that the petitioners can be released on bail, subject to some conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioners shall be released on bail on executing a bond for Rs 1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like

sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioners shall fully co-operate with the investigation.

(iii) The petitioners shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down, declared by the Government or any other

competent authorities in this regard.

(iv) The petitioners shall also appear before the investigating officer as and when required by him.

(v) The petitioners shall not commit any offence of like nature while on bail.

(vi) The petitioners shall not make any attempt to contact any of the prosecution witnesses, particularly the victim in this case, directly or through any

other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioners shall not leave State of Kerala without the permission of the trial Court.