ANIYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 3rd accused in Crime No. 501/2012 of Koipuram Police Station. The offences alleged against him and other accused are under Secs. 366A, 368 and 376 r/w 34 IPC. It is submitted that the correct section must be 366 IPC and not 366A IPC. Petitioner has been in custody from 27.7.2012 onwards. It is alleged that the victim girl aged 15 years was kidnapped by A1 from the lawful guardianship of her parents and he had sexual intercourse with her. It is stated that A1 told A2, his friend that he (A1) and the girl were married. Though the girl was stated to be aged only 15 years, she was seen to be a grown up woman, A2 had no doubt about the statement regarding the marriage. A1 requested A2 to provide a temporary shelter in the house of A2. Thus A2 took in his autorickshaw A1 and the victim girl to his house (owned by A3, the father). A3 believing the words of A1 and A2 allowed A1 and the girl to stay in his house.

(2.) Considering all the aspects, petitioner is granted bail subject to the following conditions :-