Subhojit Karmakar vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1416 of 2023 of Perumbavoor Police Station, Ernakulam, registered under Sections 363, 366A, 376(2)(n), 376(3), and 305 of IPC and Sections 4(2) r/w 3(a), 6 r/w 5(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution allegation is that, the petitioner, in July 2023 kidnapped the victim girl, aged 15, from West Bengal and brought her to Perumbavoor in Kerala State, and they stayed together. During that period, he sexually assaulted her.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the petitioner is aged 19 year old, and he was in an affair with the de facto complainant. The petitioner is in judicial custody from 27.09.2023 onwards. He is ready to abide by any conditions imposed by this Court.

Learned Public Prosecutor, on instructions, would submit that, the victim girl attempted suicide while she was staying with the petitioner, and she was taken to Medical College Hospital, Kalamassery, but, later, she died. The petitioner belongs to West Bengal. So, if he is released on bail, he may not be available for trial.

The prosecution records would reveal that the petitioner, a teenager was in love affair with the victim. Learned counsel for the petitioner is ready to offer local sureties to secure his presence during trial, and he will be available at Perumbavoor, till the trial is over.

Considering the age of the petitioner, and also considering the fact that, the petitioner was in an affair with the victim girl, this Court is inclined to allow this application, on the following terms:-

i. The petitioner shall be released on bail on cash deposit of Rs.25,000/- (Rupees twenty thousand only) and on executing bond for Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties (both shall be Keralites) each for the like sum to the satisfaction of the trial court.

ii. The petitioner shall not leave the limits of Ernakulam District till trial in S.C. No. 1941 of 2023 is over.

iii. The petitioner shall furnish his local address with contact number, and also his permanent address in West Bengal with contact number, at the time of executing the bond.

iv. The petitioner shall not contact, influence or intimidate the witnesses or tamper with the evidence.

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

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