The petitioner, who is the accused in Crime No.1024/2014 of Taliparamba Police Station, Kannur District is the applicant, who is seeking regular bail by invoking the jurisdiction under section 439 of Code of Criminal Procedure. The offences alleged in the aforesaid crime are those under sections 366 and 376 of Indian Penal Code and Section 4 of Protection of Children from Sexual Offences Act.
2. The gist of the prosecution version is that on 6.8.2014 at 3.00 pm the petitioner had procured the minor victim girl aged 17 years under the false promise that he will marry her and took her to a lodge at Ernakulam and committed rape on her and thereby committed the above said offences. The petitioner is in judicial custody since 12.08.2014. His Bail Application has been rejected as per Annexure A1 order dated 22.09.2014 passed by the Sessions Court, Thalassery.
3. Sri. V.A. Satheesh, learned counsel appearing for the petitioner, would submit that the petitioner is innocent of the allegations and that he is staying more than 40 Kms away from the place of the defacto complainant. The petitioner's counsel would submit that even going by the case projected by the prosecution, the defacto complainant is aged more than 17 years and therefore she is above the statutory limit of 16 years in the matter of giving of consent and that the case projected by the prosecution would show that the minor girl had sped away on her own will and the family members of the minor girl wanted to harass the petitioner and hence the case has been falsely foisted against him.
4. More importantly Sri. V.A. Satheesh, learned counsel appearing for the petitioner, would submit that the petitioner has been under judicial detention since 12.08.2014 and that there is no purpose to serve the interest of investigation for further detaining him in custody as he has suffered detention for the last 61 days.
5. The learned Public Prosecutor would rebut the allegations raised by the petitioner regarding his involvement in the crime and would firmly submit that the investigation is almost complete and that in case this court is inclined to grant regular bail, the same shall be conditioned to safeguard the interest of the prosecution.
6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and having taken into account the totality of the facts and circumstances of the case, I am inclined to hold that further custodial detention of the petitioner is not necessary. More than 62 days elapsed since the petitioner has been under custodial detention. Moreover, the petitioner is a young man aged 22 years. The learned Public Prosecutor would submits that this court may place a condition that the petitioner shall not enter the precincts of Taliparamba Police Station until the submission of the final report in this case, In this view of the matter, it is ordered that the petitioner shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the court concerned (viz. Sessions Court, Thalassery) and subject to the following conditions:
i. The petitioner shall surrender his passport, if any, before the aforementioned Sessions Judge at the time of executing the bail bond and if he is not a passport holder, then he will file an affidavit to that effect in the said court. If the petitioner requires his passport for travel abroad, he is at liberty to approach the local court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the Sessions Judge is at liberty to consider the same on merits and pass appropriate orders thereon, taking sufficient guidance from the principles laid down by this Court in the case Asok Kumar v. State of Kerala reported in 2009(2) KLT 712, not withstanding the above said conditions imposed by this Court.
ii. The petitioner shall report before the Investigating Officer in Crime No.1024/2014 of Thaliparamba Police station between 10 a.m. and 11 a.m. on every alternate Sundays.
iii. The petitioner shall not interfere with the investigation in any manner.
iv. The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper the evidence in any manner whatsoever.
v. The petitioner shall fully co-operate with the investigation and report before the aforementioned Investigating Officer as and when required by him.
vi. The petitioner shall not enter the territorial limits of the Thaliparamba Police Station until the submission of the final report in this case except for the purpose of compliance of the conditions placed in this order as stated above.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
In terms of the above said directions, this Bail Application stands finally disposed of.
Sd/- ALEXANDER THOMAS, JUDGE //True Copy// P.A. To Judge jjj