XXXX vs Station House Officer Pothencode Police Station, Thiruvananthapuram

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1933/2021 of Pothencode Police Station, Thiruvananthapuram District registered alleging commission of offences under Section 363, 376(n) and Section 6 r/w Section 5(l) of the POCSO Act.

The allegation against the petitioner is that he brought the victim aged 17 years from the lawful custody of her parents from Assam and resided in a rented house where on 29.07.2021 the victim committed suicide. The learned counsel for the petitioner submits that the petitioner and the victim girl were in love with each other and they had eloped with an intention of getting married and had come down to Thiruvananthapuram where the petitioner was working in a vegetable shop. He submits that both the accused and victim are natives of Assam. He submits that, on 29.07.2021 he had a small quarrel with the victim and had, thereafter, gone out for his work. He submits that when he returned in the afternoon, he found that the victim had committed suicide by hanging herself and on noticing the same, he himself had gone to the Police Station and had reported the incident. It is also submitted that the petitioner has been in custody for nearly 87 days.

The learned Public Prosecutor, on instructions, submits that the petitioner being in native of Assam it is quite possible that he will abscond, if he is granted bail. He submits that the investigation of the case is almost completed and a final report is expected to be filed very soon. He submits that the victim is admittedly a minor and therefore, the petitioner is guilty of the offences alleged against him.

Taking into account of the totality of the facts and circumstances of the case, I am of the opinion that the bail can be granted to the petitioner with conditions to ensure that he does not abscond and he is available to face trial in the proceedings.

Accordingly, this application for bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Court of the Additional Sessions Judge for the Trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapurm;

(ii) The petitioner shall report before the investigating officer in Crime No.1933/2021 of Pothencode Police Station on every day between 7.30 am and 8.30 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or to intimidate any witness in Crime No.1933/2021 of Pothencode Police station;

(iv) The petitioner shall surrender his passport before the Court of the Additional Sessions Judge for the Trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapurm. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1933/2021 of Pothencode Police Station may file an application before the Court of the Additional Sessions Judge for the Trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapurm, for cancellation of bail.