Aashish vs State Of Kerala And Anr

This is an application filed under Section 439 of the Code of Criminal Procedure, seeking bail for the third accused in Crime No.1805/2020 of

Chadayamangalam police station, registered alleging offence punishable under Section 363, 366, 376, 506 IPC and Section 3(a) read with 4 of the

POCSO Act.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Learned counsel for the petitioner submits that the crime was registered after eight months of the date of occurrence. Originally, the name of the

petitioner was not in the array of the accused. Later, his name was also incorporated and he was arrested on 22.11.2020 and for the last 39 days, is in

judicial custody.

Learned Public Prosecutor submits that the statement of the victim under Section 164 Cr.P.C has been recorded and that the other accused, i.e,

accused Nos.1 and 2 have already been released on bail. In the circumstances and since the investigation of the case has progressed considerably,

continual detention of the petitioner does not seem necessary. Therefore, he shall be released on bail.

In the result, the bail application stands allowed.

The petitioner shall be released on bail on the following conditions:-

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like amount to the

satisfaction of the jurisdictional court;

(ii) The petitioner shall not cause any promise, intimidation or threat to the witnesses or try to influence the witnesses;

(iii) He shall not enter the limits of Chadayamangalam police station until further orders;

(iv) Petitioner shall not leave India without permission of the jurisdictional Court;

(v) He shall appear before the investigating officer as and when required;

(vi) The petitioner shall strictly abide the various guidelines issued by the State Government and the Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

(vii) If any of the above conditions are violated by the petitioner, the committal/trial Court, as the case may be, can cancel the bail in accordance with

law.