Abdul Vahid vs State Of Kerala

Bechu Kurian Thomas, J.

This is an application for pre-arrest bail under Section 438 of the Cr.P.C.

Petitioner is the accused in Crime No.353 of 2022 of Poonthura Police Station, Thiruvananthapuram, alleging offences under Sections 294(b), 341, 354A(i)(iv), 427, 509 of the Indian Penal Code, 1860 and Section 12 r/w Section 11(i) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that the accused committed sexual harassment against the defacto complainant and her minor children and also destroyed the CCTV camera of the defacto complainant on 04.3.2022 causing a loss of Rs.5000/- and further, on 06.3.2022 verbally abused and lifted his dress revealing his private parts, thereby committing the offences alleged.

Sri.P.Anoop, the learned counsel for the petitioner submitted that petitioner is totally innocent of the allegations and that the crime is the result of a property dispute and the petitioner is being falsely arrayed as accused repeatedly.

The learned Public Prosecutor submitted that the petitioner is alleged to have committed serious offences requiring custodial interrogation.

Though on a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel, I am of the view that the allegations are serious in nature, still custodial interrogation of the petitioner may not be required. In view of the above, the petitioner is entitled to be released on bail in the event of his arrest on conditions.

Accordingly, this application is allowed on the following conditions:

(i) Petitioner shall appear before the Investigating Officer on 24/6/2022 and shall subject himself to interrogation.

(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he 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 before the Investigating Officer.

(iii) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.

(iv) 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;

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

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

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.