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Judgment
1.Petitioner in B.A.3740/2017 is the 11th accused.
Petitioner in B.A.3247/2017 is the 15th accused.
Against them have been registered crime
no.2/2017 at the police station in Chetlat
island of Lakshadweep. The case was registered
alleging commission of offences punishable under
Secs 4, 6, 8 and 10 of the PoCSO Act and also
under Secs 120B and 376D of IPC read with IPC
Both the petitioners are in custody. They
seek bail under Sec.439 of Cr.P.C .
2.The prosecution case is that the accused
persons, barring the 15th accused, committed rape
on a minor girl aged 15 years several times at
the house of the girl. The rape was committed on
her, according to the prosecution, with the
concurrence and connivance of the 15th accused,
the mother of the girl.
3.Heard the learned counsel appearing for the
respective petitioners and the learned government
counsel for Lakshadweep administration.
4.The two applications now being considered are the
second set of applications coming before me for
bail. The earlier applications were B.A.2278/2017
and 2581/2017. Those applications were dismissed
on 25.4.2017. I perused the case diary on that
day. Bail was refused having satisfied that there
was a prima facie case against the petitioners.
It also appeared that materials were available
against the girl''s mother too. Bail was refused
for the above stated reasons and also holding
that grant of bail at that stage of the
investigation was likely to affect the very
investigation.
5.There is a change of circumstance now. Admittedly
the final report under Sec.173(2) of Cr.P.C has
been filed. Both the petitioners are in custody
since 3.3.2017. Their continued custody should
not be insisted on as the charge-sheet has been
filed and since there is no ground to direct such
continued custody. I therefore find it
appropriate to grant bail to the petitioners.
6.But, the learned government counsel for
Lakshadweep administration has expressed an
anxiety. The learned counsel submits that the 15th
accused is none other than the mother of the
victim. It is submitted that in the event of
grant of bail the victim and the 15th accused
would live under one roof, which, according to
the counsel, is detrimental to the case. I do not
consider the anxiety of the learned counsel out
of place. I am also in agreement with the learned
counsel that the possibility of the other
petitioner intimidating or trying to influence
the victim and other important witnesses should
be foreseen. The anxiety of the learned counsel
should not be brushed aside. It can be taken care
of while imposing conditions. The learned counsel
appearing for the respective petitioners
volunteered that the petitioners would refrain
from entering the island in which the victim
lives. The learned government counsel for
Lakshadweep administration has submitted that the
victim girl is being taken to Kavarathi island
for counselling. Therefore the entry of the
petitioners into that island, except for
appearing in any court, should be prevented.
7.The applications are allowed. The petitioners
shall be released on bail on each of them
executing a bond for Rs.75,000/- with two solvent
sureties each for the like sum to the
satisfaction of the special court. They shall not
intimidate or attempt to influence witnesses. Nor
shall they destroy or tamper with evidence. The
petitioners shall not enter the Chetlat island
till the case against them is terminated. Till
such time they shall not enter the Kavarathi
island except for appearing in any court or to
comply with the direction of any other competent
authority. The petitioners shall not communicate
with the victim directly or indirectly by any
mode. In the event of any casualty in the
respective families of the petitioners, the
petitioner concerned may enter the Chetlat or
Kavarathi island, but only with the permission of
the special court. If the judge of the special
court is unavailable at his headquarters for any
reason, permission of the investigating officer
shall be obtained. If the investigating officer
is also absent, then the permission of the
station house officer of the police station
concerned shall be obtained. The special court is
hereby empowered to cancel the bail in the event
of violation of any of the above conditions.