ORDER

This is an application for regular bail.

2. Petitioner is the accused in Crime No.64/2022 of Cherupuzha Police Station, Kannur District alleging commission of offences punishable under Section 363, 368, 370(1), 376(1), 323 r/w 34 of the Indian Penal Code.

3. The allegation against the petitioner is that on 22-01-

2022 the petitioner kidnapped the victim girl, aged 17 years and 7 months and took her to his house and indulged in sexual relationship with her. The petitioner was arrested on 24-01-2022 and has been in custody for the past 54 days.

4. The learned counsel appearing for the petitioner would submit that the petitioner and the victim were in a relationship for quite sometime. It is submitted that even going by the First Information Statement of the victim, she had gone voluntarily with the petitioner and the petitioner had not kidnapped her or compelled her to go with him as now alleged by the prosecution. It is submitted that the offences under Section 363 and 368 of the Indian Penal Code will not therefore lie against the petitioner. It is submitted that the continued detention of the petitioner is not necessary for the purposes of any investigation as a final report has been filed in the matter. It is submitted that the trial of the case likely to take time and the continued detention of the petitioner who is a young boy aged 22, will violate his fundamental rights under Article 21 of the Constitution of India.

5. The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out. It is submitted that the question of concent does not arise as the victim is admittedly a minor. It is submitted that the petitioner had clearly committed the offences alleged against him. It is submitted that the offence of kidnapping has been committed since the victim was admittedly taken away from the lawful custody of her parents, by the petitioner. It is submitted that the petitioner is not entitled to bail at this state.

6. Having regard to the facts and circumstances of the case and considering that the petitioner has been in custody for 54 days and also considering the age of the petitioner, I am of the view that the petitioner can be granted bail subject to the conditions. I note that the final report has been filed in the matter and continued detention may not be necessary for the purposes of any investigation.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-

(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.64/2022 of Cherupuzha Police Station, Kannur District as and when summon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.64/2022 of Cherupuzha Police Station, Kannur District;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.64/2022 of Cherupuzha Police Station, Kannur District may file an application before the jurisdictional Court for cancellation of bail.

Sd/-

GOPINATH P.

JUDGE

ats

APPENDIX OF BAIL APPL. 1503/2022 PETITIONER ANNEXURES Annexure1 F I S IN CRIME 64/2022 OF THE CHERUPUZHA POLICE STATION ( MASKED)

Annexure2 ORDER IN CRL M C 160 OF 2022 OF THE COURT OF SESSIONS THALASSERRY.( SPL JUDGE FOR TRIAL OF OFFENCES UNDER POCSO ACT. )