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Judgment
This is an application for bail moved under Section 439 of the Code of Criminal Procedure by the first accused in Crime 403/2021 of Pallickal police
station. The allegation is that the petitioner, who is 20 years old, induced a minor girl who is 17½ years old, took her to Madurai on 23.03.2021 and
thereafter they were traced; offence punishable under Sections 354A(i), 363, 366 IPC and Section 8 read with Section 7 of the Protection of Children
from Sexual Offences Act, 2012 is alleged against him. The petitioner was arrested on 25.03.2021 and he is in judicial custody since then.
I heard the learned counsel for the petitioner as also the learned Public Prosecutor.
According to the learned counsel for the petitioner, criminal antecedents are not alleged against the petitioner. Moreover, the victim and the
petitioner were in love for the last more than three years and that serious allegations are not raised against him.
Having considered all the aspects and also the age of the petitioner, I think it is just and proper to release the petitioner on bail, subject to the
following conditions:-
i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of
the trial court;
ii) He shall not try to contact or influence the witnesses or tamper with the evidence;
iii) He shall not enter Pallickal police station limits, until further orders;
iv) Petitioner shall not leave India without permission of the jurisdictional Court;
v) He shall appear before the committal/trial court as and when required;
vi) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in
the wake of Covid 19 pandemic;
vii) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail, in accordance with law.
The bail application is allowed as above.
