The petitioner is the sole accused in Crime No.1442 of 2014 of Central Police Station, Ernakulam and as he was arrested on 29.6.2014 and continuing custody thereafter, he preferred this application for regular bail under Section 439 of the Cr.P.C. The offences, for which the petitioner stands indicted, are under Sections 376(2)(f)(I),354A(I),323,324,294 (b), 506 IPC and Section 4 of the Protection of Children from Sexual Offences Act,2012, on the allegation that he had repeatedly committed rape on a minor girl, aged 13 years, who is none other than the step-daughter of the petitioner and voluntarily caused hurt to her and threatened her to kill.
2. The learned Public Prosecutor submitted that the investigation in the above case is not completed and no charge is laid by the Police, so far. But, according to the counsel for the petitioner, from the date of the arrest of the petitioner, now 92 days are over. If both the above facts and submissions are correct, the petitioner is entitled to get statutory bail, if there is no other embargo, which is to be considered by the jurisdictional Magistrate. The learned counsel for the petitioner submitted that a direction may be given to the court below to consider the above aspect.
In the result, this Bail Application is disposed of permitting the petitioner to approach the jurisdictional Magistrate to seek statutory bail and in case such a petition is filed, the learned Magistrate concerned is directed to consider the same on merit and pass appropriate orders.
V.K.MOHANAN, MBS/ Judge