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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.2/2022 of Minicoy Police Station,Lakshadweep. The offences alleged against the petitioner is under Section 6(1)5(j)(II) of the Protection of Children from Sexual Offences Act, 2012 and Sections 366 and 376 of the Indian Penal Code, 1860.
The prosecution allegation is that, on 28.05.2022, the victim gave birth to a stillborn child at her home at Minicoy and thereafter on receiving information, crime No.2/2022 was registered alleging commission of rape by the petitioner. Petitioner was arrested on 04.06.2022, and has been in detention since then.
Sri.Aashique Akthar Hajjigothi , learned Counsel for the petitioner contended that the entire prosecution case is false and that petitioner is innocent of the allegations. Learned Counsel further submitted that petitioner is a young boy of 24 years and that he was in custody from 04.06.2022. According to the learned Counsel, the continued detention of the petitioner is not warranted, especially since the investigation is almost completed.
Smt.Shiga, learned Standing Counsel for the Lakshadweep Administration submitted that petitioner is alleged to have committed a serious offence and that releasing him on bail would cause prejudice to the investigation. It was also submitted that in the statement filed under Section 164 of Cr.PC it had come out that petitioner had committed rape on the victim and thereafter she became pregnant and gave birth to a stillborn child 28.05.2022.
On a perusal of the statement I notice that the victim and the petitioner was in relationship. At the time of detection of the incident, petitioner was a major. Having regard to the circumstances, including the young age of the petitioner and the period of detention already undergone, I am of the view that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(ii) Petitioner shall appear before the Investigating Officer as and when required;
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.
(iv) Petitioner shall not commit any similar offences while he is on bail.
(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.