IMPORTANT POINTS
The offences alleged under the Indian Penal Code in this case are the offences included in Chapter XVI of the Indian Penal Code. Therefore, while granting bail in cases mentioned in Section 437(3) Cr.P.C, the court, in addition to the conditions mentioned in clause (a) to (c) in that subsection, also impose in the interest of justice such other conditions as it considers necessary. So it is clear that in the interest of justice, any other conditions can be imposed if it is found necessary.

ORDER :

This Bail Application filed under Section 439 of the Criminal Procedure Code was heard through Video Conference.

2. Petitioner is the accused in Crime No.1017/2020 of Njarackal Police Station. It was initially registered at Munambam Police Station and subsequently transferred to Njarackal Police Station. (It is wrongly mentioned in the cause title of the Bail Application as Crime No.751/2020 of Munambam Police Station). The offences alleged against the petitioner are under Sections 370, 376, 376(2) (n), 509, 506 IPC and Section 6 r/w Section 5, 5(l), 13, 14 and 15 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act, 2012) and also under Section 66 (E) of the Information Technology Act.

3. The prosecution case is that the petitioner and the victim girl were in love. On 22.12.2018, the accused took her to a resort at Cherai beach under the pretext of giving her a birthday gift and committed forcible rape. It is also alleged that the petitioner captured nude photos of the victim. It is also alleged that he threatened her that if the incident is disclosed to anybody, he will circulate her nude pictures on social media. It is alleged that the petitioner committed rape on the victim girl about six occasions after that incident by showing the nude photos. It is also alleged that on 31.07.2020, the petitioner created a fake Facebook account by name 'Rilsila Richus' and posted the pictures of the victim and demanded Rs.1 lakh from the victim to delete the above-said photos.

4. Heard the counsel for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that the allegation against the petitioner is false. The counsel submitted that the petitioner is in custody from 23.8.2020 onwards. The counsel submitted that the alleged incident happened on 22.12.2018 and the F.I. statement was given only on 14.8.2020. The counsel also submitted that the petitioner is now aged 23, and the victim is aged 19. According to the counsel, they were in love. Their parents also fixed the marriage of the petitioner and the victim girl. Subsequently, because of some reason, the victim withdrew from the marriage. The counsel submitted that the petitioner is ready to marry the victim girl even now. The counsel submitted that the petitioner is prepared to abide by any conditions if this Court grants him bail.

6. The learned Public Prosecutor seriously opposed the bail application. The Public Prosecutor submitted that the petitioner not only committed rape, but also took nude photos of the victim and circulated the same in social media. The Public Prosecutor submitted that the petitioner may not be released on bail at this stage.

7. It is an admitted fact that the petitioner is now aged 23 years and the victim girl is now aged 19 years. It is also an accepted fact that the petitioner and the victim girl were in love. The victim admits these facts in her F.I statement itself. According to the victim girl she went along with the petitioner on a motor bike on her birthday. Petitioner took her to a resort at Cherai beach. He took her to a room. Thereafter, according to the victim, the petitioner committed rape on her without her consent. Subsequently, on 6 occasions the petitioner took the victim to the same resort and committed rape. The last incident, according to her, was in November 2019. The main grievance of the victim is that the petitioner took her nude photos. The victim says that the petitioner posted some photos of the victim on social media. Therefore, the victim's main grievance is that the petitioner is circulating the photographs of the victim girl in social media.

8. Petitioner is aged only 23 years, and the victim is also now major. She admits her love affair with the petitioner. Her main grievance is that the petitioner posted her photographs on Face Book. In such circumstances, considering the special facts and circumstances of the case, if bail is granted, why not there be a condition in the