The court held that the young age of the accused and the duration of detention justified granting bail, despite serious allegations, with conditions to prevent witness tampering.

ORDER

This bail application is filed under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’).

2. Petitioner is the sole accused in Crime No.1552 of 2024 of Ettumanoor Police Station, registered for the offences punishable under Section 63 (a) & (b) , 63(d)(vi) & (vii), 64, 69, 74 , 75(1) & (2) , 115(2) , 137(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 3 (a) , 3(b) , 3(d), 4, 7, 8 , 11(iv) and 12 of the Protection of Children from Sexual Offences Act, 2012 .

3. According to the prosecution, the accused had lured the victim girl aged 16 years and sexually abused her on 23.09.2024 and 01.10.2024 and thereafter on 28.10.2024 committed penetrative sexual assault on her and also compelled her to perform oral sex and thereby committed the offences alleged. Petitioner was arrested on 30.10.2024 and has been in custody since then.

4. Sri.Godwin Joseph, the learned Counsel for the petitioner, submitted that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that even if the prosecution allegations are assumed to be admitted, still it will only reveal a romantic relationship between two adolescents and unfortunately the victim being a minor, petitioner had been arrayed as an accused. The learned Counsel further submitted that petitioner is only 19 years and hence the continued detention ought not be necessary.

5. Smt.Sreeja V., learned Public Prosecutor, on the other hand submitted that the petitioner has committed a serious offence and taking into consideration the antecedents against him of having involved in an offence under Sections 323 & 325 apart from Section 379 IPC in the year 2023, bail ought not to be granted to him. It was also pointed out that petitioner is the neighbour of the victim.

6. On a consideration of the rival contentions and on a perusal of the statement given by the victim reveals that petitioner and victim were known to each other since she was in the third standard and became friends recently. This Court notices that the allegations against the petitioner are certainly serious and petitioner committed penetrative sexual assault on the victim on 28.10.2024 after promising to marry her. Though the nature of acts committed by the petitioner on the minor girl is serious, taking note of the period of detention he has already undergone apart from his young age, I am of the view that the continued detention would amount to punishment before conviction.

7. It is also relevant to note that the final report has already been filed on 27.10.2024 and no purpose would be served by continued detention. However, taking note of the submission of the learned Public Prosecutor that petitioner is a neighbour of the victim, appropriate conditions ought to be imposed to prevent interfering or influencing the witnesses as well as the victim. Therefore, the petitioner ought to be released on bail on conditions.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence or contact the victim.

(d) Petitioner shall not enter into the limits of Ettumanoor Police Station till completion of trial.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having be