The petitioner is the accused in Crime No.786/2014 of Parappanangadi Police Station, Malappuram District. Offences alleged are under sections 366 and 376 of IPC, section 5 r/w 6 of POCSO Act and section 23 of Juvenile Justice Act.
2. The petitioner has been in custody since 26.03.2014.
3. The name of the petitioner in the complaint is shown as Rashid. Petition has been filed as Crl.M.A. 4846/2014 by the petitioner stating that his actual name is Ishaque and that he is also called as Rashid.
4. The victim is aged about 17 years. It is alleged that the victim and accused were in love. It is alleged that one day she accompanied the accused on his bike and she was taken to the house of one of his friends and from there he had sexual intercourse with her without her consent and against her will.
5. The learned counsel for the petitioner submits that actually the petitioner and the victim girl were in love and that the petitioner was ready to marry her. It is further submitted that on going through the statement it can be seen that she had willingly gone along with the accused. Since she is aged less than 18 years that cannot be a ground available to the petitioner.
6. Considering the period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail with effect from 26.05.2014 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 learned Sessions Judge/Special Judge. If in case the Sessions Judge/Special Judge has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Sessions Judge/Special Judge can insist for production of the attested photo copies of the original title deeds of the sureties.
(ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
(iii) The petitioner shall surrender his original passport before the learned Sessions Judge/Special Judge. If he is not having any valid passport, he should file an affidavit regarding the same before the Sessions Judge/Special Judge.
(iv) The petitioner will also file an affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(v) The petitioner shall not leave India without the prior permission of the learned Sessions Judge/Special Judge.
(vi) The learned Sessions Judge/Special Judge will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail.
Sd/-
N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj