Abdul Latheef A.K vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.512 of 2022 of Irikkur Police Station, Kannur District registered for the offences punishable under Sections 354A(l)(i) of the Indian Penal Code, 1860 and also under Sections 7 r/w Section 8, Section 9 r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, in October 2021, the petitioner pressed the breast of the minor victim, aged only 14 years, and repeated the said act in December 2021 also and thereby committed the offences alleged.

Sri.V.T.Madhavanunni, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that since the petitioner was arrested on 05.08.2022, the continued detention of the petitioner is not warranted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that petitioner has committed a heinous crime. It was further submitted that even though the final report has been filed on 29.08.2022, petitioner ought not to be released on 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 05.08.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence or contact the victim.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.