BIBIN BINOY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.645/2019 of Mannuthy Police Station which has been registered for the offences punishable under Secs.354 and 363 of the IPC and Secs. 7, 8, 9l and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The said crime has been registered on the basis of the FIS given by the minor victim girl aged 17 years on 11.10.2019 at about 9.00 p.m. in respect of the alleged incidents which happened for the period from the last week of September, 2019 onwards. The petitioner has been arrested and remanded in this case on 13.10.2019 and has been under detention since then.

(2.) The prosecution case in short, as revealed in the FIS is that the minor victim girl aged 17 years was having a love affair with the petitioner, aged 22 years and that in September, 2019, he had gifted her a mobile phone and on a day in the last week of September, 2019, he had come to her residence at about 12 midnight after everyone in the house had gone to sleep and asked her to come out, she opened the door and she went out and they talked there for quite sometime and thereafter, the petitioner had kissed on her face and lips. The said incidents have been repeated on two other occasions and that too in the night. In both these occasions, the version of the minor victim girl is that the petitioner had kissed on her face and lips. There are no allegations in the FIS that the petitioner had in any manner touched any other parts of her body or that he has in any manner sexually abused or assaulted the minor victim girl etc.

(3.) It appears that later, the parents of the girl has noted that she was often using the mobile phone and on being queried, she told that it was the phone gifted to her by the petitioner and thereupon, steps were taken to report the matter to the Police. The learned counsel for the petitioner would point out that the abovesaid allegations are false and fabricated and further that, since the petitioner has already suffered detention for the last 26 days, his continued incarceration may not be necessary or warranted for effectuating smooth and fair conduct of the investigation. Keeping in view the nature of the allegations made against the petitioner, he may be released on regular bail subject to stringent conditions. The learned Prosecutor opposed the plea for regular bail and submitted that there is every possibility of the petitioner intimidating or influencing the witnesses in this case, more particularly the minor victim girl and her family members, if he is let out on regular bail.