Abhilash @Vishnu vs State Of Kerala

Application for regular bail.

The petitioner is the first accused in Crime No.12 of 2021 of Sooranadu Police Station registered for the offences punishable under Sections 8 read

with 7, 10, read with 9(1)(n)(p), 17 read with 16, 21(1) read with 19(1) of Protection of Children from Sexual Offences Act and Sec. 354(A) (1)(I) of

IPC and Section 75 of Juvenile Justice Act.

The petitioner has been in custody since 4.1.2021.

The prosecution allegation is that this petitioner is having close acquaintance with the second accused who is the mother of a minor child. This

petitioner used to visit the house of the second accused quite often and while so, he had abused the minor child sexually on various days. Thus he

committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that false allegations have been levelled against this petitioner and in fact he is an astrologer

conducting an institution by name “Sree Durga†at Thiruvalla. The second accused, the mother of the victim used to visit his institution to do

certain poojas. Except that he has no connection with the lady and he has not visited her house or sexually abused the minor child as alleged by the

prosecution. But he is undergoing incarceration right from 4.1.2021.

The learned Public Prosecutor has vehemently opposed the application and submitted that the investigation of the case is only in progress.

Heard both sides and perused the records. It is true that very serious allegations are raised against this petitioner. But he has been in custody for the

last 60 days has to be considered.

Considering the nature of accusation levelled against this petitioner, the present stage of investigation and the period of detention undergone by him in

judicial custody as well the fact that he has no criminal antecedents, I am inclined to release him on bail subject to the following conditions.

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like

sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall neither enter into the jurisdictional limits of Sooranadu police station nor meet the minor child for a period of three months from

today.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.