O R D E R

The petitioner is the sole accused in Crime No.833/2021 of Rajakkad Police Station, Idukki District alleging commission of offences under Sections 366A, 376 (2) (n), 376 (3) of the Indian Penal Code and Section 4 (2) read with 3 (a), 6 read with 5 (1) (n) of the Protection of Children from Sexual Offences Act.

2. The allegation against the petitioner is that following instructions of the petitioner, the victim girl left her house and proceeded to Tiruppur where the petitioner arranged accommodation for the victim and her friend who accompanied her. Thereafter on the basis of a man missing complaint filed by the father of the victim girl, she was traced to Tiruppur. Following medical examination of the victim and on the basis of information given by her, it was alleged that the petitioner committed sexual assault and rape on the victim, who is a minor.

3. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner and the victim girl are close relatives and that they have been in a relationship for quite some time. It is submitted that the victim had come to Tiruppur where the petitioner was working out of her own will and there was no compulsion on the part of the petitioner. It is submitted that the petitioner had no occasion to commit the rape as alleged. It is also submitted that the parents of the petitioner and the parents of the victim have decided to solemnize the marriage of the petitioner and the victim, once the victim girl attains the age of majority. Reference is made in this regard the affidavits produced along with Crl. M.A. No.1/2022. Finally it is submitted that the petitioner has been in custody from 26-12-2021 and his continued detention is not necessary for the purpose of any investigation, as a final report has already been filed in the matter.

4. The learned Public Prosecutor opposes the grant of bail. It is submitted that the allegations raised against the petitioner are serious. It is submitted that the question of the petitioner having a relationship with the victim with her consent does not arise as the victim is admittedly a minor.

5. Having regard to the facts and circumstances of the case and considering the nature of the allegations and being convinced that the continued detention of the petitioner is not necessary for the purpose of any investigation, I am of the opinion that the petitioner can be granted bail subject to conditions. Though the question as to whether the fact that the petitioner intends to get married to the victim should result in termination of all criminal proceedings against the petitioner is a matter to be decided in other proceedings, the said fact can be taken note of for the purpose of determining whether the petitioner can be granted bail.

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.833/2021 of Rajakkad Police Station as and when called upon to do so;

(iii) 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.833/2021 of Rajakkad Police Station may file an application before the jurisdictional Court for cancellation of bail.