IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A.M.BABU

TUESDAY ,THE 19TH DAY OF MARCH 2019 / 28TH PHALGUNA, 1940

Bail Appl..No. 6539 of 2018

CRIME NO. 1217/2018 OF Thiruvalla Police Station , Pathanamthitta

PETITIONER/S:

SAJAN SUNNY,

AGED 21 YEARS,

KALLUMOOLAYIL HOUSE,

MANJADI P.O,

THIRUVALLA

BY ADVS.

SRI.T.P.PRADEEP

SRI.S.SREEDEV

RESPONDENT/S:

1

STATE OF KERALA,

REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF

KERALA

2

SUB INSPECTOR OF POLICE,

THIRUVALLA,689621.

3

KELLA APPALA NARASAMMA,

KALLUMOOLAYIL HOUSE, MANJADI.P.O, THIRUVALLA-689105.

SRI C.M. KAMMAPPU, SR.P.P.

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.03.2019,

THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Bail Appl..No. 6539 of 2018

2

ORDER

1.

Bail is sought. It is sought under Sec.438 of Cr.P.C.

Petitioner is the accused in crime No.1217/2018 of Thiruvalla police

station. He allegedly committed offences punishable under Secs 363

and 376 of IPC, Sec.4 of the PoCSO Act and Secs 10 and 11 of the

Prohibition of Child Marriage Act.

2.

Heard Sri.T.P.Pradeep, the learned counsel for the

petitioner and Sri.C.M.Kammappu, the learned public prosecutor.

3.

The allegations against the petitioner are that he brought

a minor girl from Andhra Pradesh and was residing with her in a

house at Thiruvalla. The petitioner is charged with the offences

under Secs 363 and 376 of IPC, Sec. 4 of the PoCSO Act, and Secs 10

and 11 of the Prohibition of Child Marriage Act. The petitioner

contends that the girl who has resided with him is his wife. He

produced two photographs. It is alleged that what was

photographed were the ceremonies of marriage being performed. It

appears so from the photographs. An affidavit sworn to by the

father of the girl is produced. He has sworn that he gave the girl in

marriage to the petitioner after performing the customary and

religious ceremonies prevailing in his community. It is also stated in

Bail Appl..No. 6539 of 2018

3

the affidavit that it was with the consent of the deponent that the

petitioner and the girl left Andhra Pradesh for Kerala. If the affidavit

is true, it is doubtful whether the offence of kidnapping is attracted.

Sexual intercourse of a man with his wife is rape under Sec.375 of

IPC only if the wife is under 15 years of age. Admittedly the girl was

nearing 18 years when the offences were allegedly committed. The

provisions of the PoCSO Act and the Prohibition of the Child

Marriage Act may be attracted. But custodial interrogation does not

appear to be necessary for an effective investigation of the case. The

learned counsel for the petitioner submits that the girl attained

majority, that her marriage with the petitioner was solemnized

under the Special Marriage Act and that they are residing together

happily. The subsequent development may not be material, but it

does not appear to me that the petitioner would abscond. In the

circumstances, I do not see any reason to deny bail to the petitioner

4.

The application is allowed. If arrested in connection with

crime No.1217/2018 of Thiruvalla police station, the petitioner shall

be released on bail, after interrogation, if any, on his executing a

bond for Rs 40,000/- (forty thousand only) with two solvent sureties

each for the like sum to the satisfaction of the investigating officer.

The petitioner shall co-operate with the investigation. He shall

report to the investigating officer between 10.00 am and 11.00 am

Bail Appl..No. 6539 of 2018

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on every Saturday for a period of three months or till the filing of the

final report, whichever is earlier. The petitioner shall not intimidate

or try to influence witnesses. Nor shall he destroy or tamper with

evidence. The court having jurisdiction is hereby empowered to

cancel the bail in accordance with law if any of the conditions

mentioned above is violated. If the petitioner surrenders before the