M. R.Anitha, J
1. Petitioner is the 1st accused in Crime No.1379/2021 of Vithura Police Station, Thiruvananthapuram District, registered under Sections 376, 376(2)
(f), 506(i) of IPC r/w Section 3(a) r/w 4, 5(l)(n) r/w 17 of Protection of Children from Sexual Offences Act, 2012.
2. The prosecution case is that the petitioner, who is the relative of the minor victim girl, on 31.5.2018 at about 7 p.m, promising to take her to relative's
house took her on his bike to a lonely rubber estate and intimidated and forcefully committed rape up on her. Thereafter, with the aid of the 2nd
accused she was sexually abused and also she was made a witness to the illicit relationship of 1st accused with the 2nd accused. Thereby, accused
committed the offences aforementioned.
3. He was arrested on 09.8.2021 and thereafter he has been under confinement.
4. According to the learned counsel for the petitioner the victim girl/defacto complainant was married on 04.4.2021. Subsequently, she filed a
complaint against her husband, alleging the commission of offence punishable under Section 498A of IPC and after a lapse of three years of the
alleged incident this complaint has been filed.
5. The learned Public Prosecutor on the other hand would contend that the defacto complainant's marital relationship with husband was strained and
her pregnancy was also terminated only because of this incident. So the learned Public Prosecutor seriously objects in considering the bail application.
6. However, the complaint has been filed by the victim only after her marriage, that too after filing a complaint against her husband, and there is delay
of almost three years in filing the complaint. Petitioner has been under confinement from 09.8.2021 onwards. So, taking into account, the totality of the
facts and circumstances, I am of the view that continued confinement of the petitioner is not necessary.
Hence, I am of the view that the bail application filed by the petitioner can be considered on stringent conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like
sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the SHO concerned for on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release
or till the final report is filed, whichever is earlier.
(iii) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before
the court, within a week of his release on bail.
(iv) The petitioner shall 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 commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
