Bail can be granted even in serious cases if the investigation is complete and specific protective conditions can be imposed.

ORDER

The petitioner is the sole accused in Crime No.530/2023 of Edakkara Police Station, Malappuram alleging commission of offences under Sections 376 (2) (n), 376(2)(f), 376(AB) and 506 of the Indian Penal Code and Sections 5 (l), 5(m), 5(n) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The allegation against the petitioner is that on 13.5.2022 and on an earlier occasion, the petitioner, who is the elder brother of the victim girl, [aged 13 years], had committed penetrative sexual assault on the victim and has also subjected her to physical assault. The petitioner, who is 19 years old, was arrested on 23.5.2023 and has been in custody from that date. The investigation has been completed, and the final report has already been filed.

2. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was addicted to drugs and used to exhibit violent behaviour at home, and in order to keep him in custody for some time, the family was advised to implicate him in the case, and therefore, the victim was compelled to give a statement implicating the petitioner. The learned counsel also pointed out that the victim is now lodged in a shelter home at Manjeri, and she had even scribbled a note to her mother asking her to take her back from the shelter home and also expressing regret for having implicated her elder brother (petitioner/accused) by accusing him of having committed serious offences. It is submitted that since the investigation has been completed and the final report has been filed, the continued detention of the petitioner is not necessary.

3. The learned Public Prosecutor has referred to the facts and circumstances of the case and would submit that the investigation revealed that the allegations raised against the petitioner were true, and therefore, a final report was filed in Court implicating the petitioner. It is submitted that in the peculiar facts and circumstances of this case, it might not be conducive to grant bail to the petitioner as there is every chance that the victim may be influenced or intimidated if the petitioner is granted bail, especially since the victim and the petitioner normally live under the same roof.

4. Having regard to the facts noticed above, I had requested Adv. Parvathi Menon, Project Coordinator, Victim Rights Centre (Ke.L.S.A), to assist this Court. Adv. Parvathi Menon has filed a report [dated nil] in a sealed cover. In so far as the victim is concerned, it is reported that the victim is a child who needs immense emotional support. The victim was a good student and has apparently slumped in her studies and is presently not showing any interest in pursuing her education. The report suggests that the victim feels guilty that the family has scattered due to her complaint against her elder brother (petitioner/accused). She has reportedly stated that she should rescue her elder brother and laments that she is forced to live in a shelter home due to the case. One of the members of the Victim Right Centre, Malappuram Unit, Adv. Sujatha Varma and Adv.Sapna. P., Prosecutor, POCSO Court, Perintalmanna visited the victim and, after interaction with the victim, stated that the victim was found to be sensible, brilliant and of an egalitarian nature. She was apparently affected by the death of her father two years ago due to a heart attack. She stated that hers was a very close-knit family, and she had to undergo counselling for depression after the death of her father. She has revealed that her elder brother (petitioner/accused) has been addicted to drugs. She has also opened up about the incident of sexual assault, and she firmly believes that the petitioner/accused had committed the said offences only on account of the fact that he was addicted to drugs. She even suggested de-addiction tre