Kauser Edappagath, J.:— This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.
2. The petitioner is the accused in Crime No 988/2021 of Koodal Police Station. The offences alleged are under Sections 376(2)(n) of IPC and S.5(j)(ii), (1)(6)(1) of the POCSO Act.
3. The prosecution case in short is that the petitioner had sexual intercourse with the victim after giving her false promise of marriage while she was studying at Xth Standard and thereafter one day on September, 2020 again the petitioner had sexual act with the victim and she became pregnant.
4. Heard both sides and perused the case diary.
5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of the investigation.
6. The case records would show that the petitioner and the victim were in deep love while they were studying in school. Both of them were neighbours also. After the incident on 10/2/2022, both of them legally married and they are now living as husband and wife. Annexure A1 is the marriage certificate. Annexure A2 affidavit sworn in by the victim would show that she has no grievance against the petitioner. In the affidavit the victim has stated that she started living together with the petitioner and had sexual intercourse with him under the belief that she attained majority then. The petitioner was remanded to judicial custody on 23/3/2022. In view of these circumstances, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage For all these reasons, the petitioner is entitled to be released on bail on conditions.
7. In the result, the application is allowed on the following conditions:—
(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-operate with the investigation.
(iii) The petitioner shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.
(iv) The petitioner shall not commit any offence of like nature while on bail.
(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.
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