VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The subject crime in this case is Crime No.762/2019 of Paravoor Police Station, Kollam, which has been registered for offences punishable under Sec.57 (1)(A) of the Kerala Police Act, 2011 for person missing case, on account of the missing of the minor victim girl, aged 17 years, and pursuant to the complaint/First Information conveyed by her mother to the above said Police Station. Thereafter the minor victim girl had appeared before the Police along with her mother and she had given a statement under Sec.161 CrPC to the Police stating that, she had eloped with the petitioner on 12-09-2019 and that they are having a love affair for quite sometime since the year 2018 and that the petitioner had sexual intercourse with her in her house sometime in 2018 and later they had sexual intercourse even in his house and in one of his relatives' house on various occasions. The petitioner has been arrested in this case on 18-09- 2019 and after his remand, has been undergoing detention since then.

(2.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and that even going by the admitted allegations of the prosecution, the minor victim girl was having a love affair with the petitioner and further that taking into account the fact that the petitioner has already suffered detention since 18-09-2019, which is for the last 36 days, the continued detention of the petitioner may not be necessary and also more particularly, taking into account the nature of allegations in this case as well as taking into account the age of the petitioner, etc,.

(3.) The learned Public Prosecutor has opposed the plea for regular bail and has submitted that the allegations raised against the petitioner are serious and grave and further that the medical examination of the minor victim girl has revealed that her hymen is torn and that the Doctor has recorded in the medical certificate that the victim has informed that she had undergone sexual intercourse with the petitioner on various occasions, and that the medical examination is also in consistent with such aspects. Further that, even according to the petitioner, he is having a love affair with the minor victim girl and therefore, there is every possibility of the petitioner intimidating and influencing the witnesses, more particularly the minor victim girl, if he is let out of on bail.