Abdu Manaf Uppodan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 of the Cr.P.C.

Petitioner is the sole accused in Crime No.81 of 2022 of Koppam Police Station, Palakkad, alleging offences under Section 354A(i)(iv) of the Indian Penal Code, 1860 Section 12 r/w 11 (iv) of POCSO Act and Sec 67B(d) of Information Technology Act..

The prosecution alleges that on 20.03.2021 at about 4pm the accused telephoned the victim under the pretext of on-line biology classes and made sexually coloured remarks as to the private parts of the victim through the mobile phone and committed the offences alleged.

The learned counsel for the petitioner submitted that petitioner was arrested on 23.05.2022 and is in custody since then. It was also submitted that petitioner is totally innocent of the allegations and that the continued detention of the petitioner is not warranted.

The learned Public Prosecutor vehemently opposed the grant of bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 23.05.2022 and in view of the nature of the offences alleged, I do not find any reason to continue the detention of the petitioner further. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the Court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

(iv) Petitioner shall not commit any offence while he is on bail

(v) The petitioner shall not leave India without the permission of the Court having jurisdiction.

(vi) Petitioner shall not enter the limits of Koppam Police Station for a period of three months except for complying with the conditions of this order. If for any reason the applicant requires to enter the limits, previous permission must be obtained from the jurisdictional Court.

(vii) In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.