RAJEEV Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has now been arrayed as the sole accused in the instant crime No.806/2019 of Aruvikkara Police Station, Thiruvananthapuram District, for offences punishable under Sections 363, 366 and 376(2)(n) of the IPC and Section 5(1)(6) of Protection of Children from Sexual Offences Act, 2012. The said crime was initially registered under Section 57 of the Kerala Police Act, 2011 on account of the minor victim girl aged 17 years and the petitioner/accused aged 24 years, has reported by her. Later the minor victim girl and the petitioner had surrendered before the Police on 26.10.2019 and statement of the minor victim was recorded that she was subjected to sexual course by the petitioner on different occasions since August 2019, and that there was a love affair between them and that she had gone along with him on the day in question, etc. The petitioner has been arrested in this case on 26.10.2019 and after his remand, has been detention since then.

(2.) Learned counsel for the petitioner would point out that the above said allegations are false and that the above said allegation that the petitioner had sexual intercourse with the minor victim girl is false and that even going by the admitted prosecution allegations there was a love affair between the victim and the petitioner/accused. Further that the father of the minor victim girl has now sworn to an affidavit before the Sessions Court concerned in the matter in Anx.A1 bail application, wherein she has stated that the family had decided to solemnize the marriage between the petitioner/accused and the minor victim girl immediately after she completes the majority age of 18 years. It is brought to the notice of this Court that the date of birth of the minor victim girl in this case is 25.11.2002 and that she will be completing the age of majority only on 25.11.2020, etc. Accordingly, it is urged by the counsel for the petitioner that having regard to the fact that the petitioner has already suffered incarceration for the last 36 days, this Court may order to release him on regular bail his further detention may not be necessary, etc.

(3.) Learned Prosecutor has opposed the plea for grant of regular bail and has pointed out that there is every possibility of the petitioner repeating the offences and that he might influence or intimidate the minor victim girl and other witnesses if he is let out on bail.