Abhijith.R vs State Of Kerala

Bechu Kurian Thomas, J.

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

Petitioner is the accused in Crime No.425 of 2022 of Chittarikkal Police Station, Kasargod alleging offences punishable under Section 354D of the Indian Penal Code, 1860 apart from Sections 12, 11(ii) and 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused had, after promising to marry the victim girl, aged 17 years, compelled her to send nude photographs and indulged in obscene video calls thereby committing the offences alleged.

Sri.Aravind, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was also pointed out that the petitioner was arrested on 19.08.2022 and that the continued detention is not essential for the prosecution.

Sri.Sudheer G., the learned Public Prosecutor opposed the grant of bail and contended that petitioner is involved in other similar crimes as Crime No.590 of 2022 of Payyannur Police Station and therefore releasing the petitioner on bail would cause prejudice to the investigation.

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 30.08.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. 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 appear before the Investigating Officer as and when required.

(c) 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.

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

(e) 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.