Petitioner is the sole accused in Crime No.755/2014 of Binanipuram Police Station, Ernakulam District registered for the offences alleged under Sections 366(a) & 376 of IPC and Section 3(a) r/w Section 4 of the Protection of Children from Sexual Offences Act, 2012. The allegation against the petitioner is that he has committed the above offence against the daughter of the defacto complainant, who lodged the First Information Statement. Initially, the FIR was registered for offence under Section 57 of the Kerala Police Act and later provisions of the sections were altered, after investigation. The petitioner would submit that he is innocent of the allegations. Learned counsel for the petitioner would submit that the allegations raised against him are baseless and that even going by the version projected in the FIR, the case of the prosecution appears to be that the girl aged 17 years had voluntarily gone with the petitioner, who is aged 19 years, and that the petitioner and the girl are close relatives etc. The petitioner was arrested on 13.9.2014. Sri.Krishnadas P.Nair, learned counsel for the petitioner, would submit that the petitioner has been under custodial detention for the past 30 days and that the investigation has been completed and there is no need for further custodial detention either for the purpose of investigation or other purpose and that this Court may be pleased to exercise discretion taking into account the fact that the petitioner is aged only 19 years and that even the police authorities had initially remanded him to the Boston School, Kakkanad.
2. Learned Public Prosecutor would submit that the investigation is nearing completion and that if this Court is inclined to grant regular bail to the petitioner the same should be conditioned with necessary safeguards to protect the interest of the prosecution.
3. Having considered the submissions of the learned counsel for the petitioner and learned Public Prosecutor and taking into account the totality of the facts and circumstances of the case, this Court is inclined to grant regular bail to the petitioner taking into account the fact that he is only 19 years old and that even the police authorities had deemed fit to remand him to the Boston School, Kakkanad and also the fact that the investigation is also at the fag end. Therefore, in the considered view of this Court, further custodial detention of the petitioner, who is a young boy aged 19 years, may not really be warranted for the purpose of the interests of the investigation or otherwise. Sri.Krishnadas P.Nair, learned counsel for the petitioner would submit that this Court may impose any reasonable condition so as to protect the bonafide interest of the prosecution and undertakes to strictly adhere to such condition. This undertaking of the petitioner is recorded. Accordingly, it is ordered that the petitioner shall be released on bail on his executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) before the Additional District & Sessions Court (For trial of cases relating to Atrocities & Sexual Violence against Women and Children), Ernakulam and on furnishing two sureties each for the same amount to the satisfaction of the aforementioned court and subject to the following conditions:-
(i) The petitioner shall surrender his passport, if any, before the aforementioned court within three days from execution of the bail bond and if he is not a holder of passport, then he shall file affidavit to that effect in the said court. If the petitioner require his passport in connection with his travel abroad, then he is free to approach the court concerned for the release of the same and for necessary permission in that regard. In case if such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned conditions imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar or graver nature.
(iv) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
If the petitioner fails to comply with any of the conditions as ordered above, the bail granted to him is liable to be cancelled.
bkn/-
ALEXANDER THOMAS, Judge.