Alan Cyriac vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail, filed by the petitioner, who is the sole accused in Crime No.153/2024 of Viyyur Police Station, Thrissur, where the prosecution alleges commission of offences punishable under Section 354 of the Indian Penal Code, Section 8 r/w Section 7 and Section 10 r/w Section 9(f), (l) and (m) of the Protection of Children from Sexual Offences Act (POCSO Act) and Section 75 of Juvenile Justice Act.

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

I have perused the relevant documents form part of the case diary.

The prosecution case is that, the petitioner/accused, who is a teacher of a minor girl, subjected her to sexual assault on two occasions on 23.2.2024 and 26.2.2024, when she was at the school and thereby, committed the above offences.

The learned counsel for the petitioner submitted that the petitioner is innocent and there is no serious allegation against the petitioner. It is pointed out that the petitioner has been in custody from 27.2.2024 and he has no criminal antecedents. Accordingly, the learned counsel pressed for grant of regular bail with offer to co-operate with the investigation and trial.

Per contra, the learned Public Prosecutor strongly opposed grant of bail and relied on the statement of the minor including statement given under Section 164 of the Code of Criminal Procedure, divulging the manner, in which, the accused sexually exploited the minor. The learned Public Prosecutor submitted that the prosecution case is well made out and the petitioner does not deserve bail at the primitive stage of investigation.

On perusal of the prosecution records and the statements of the minor, intentional sexual assault by touching of the vital part of the minor is foreseeable and thereby, the prosecution case is well made out, prima facie.

However, the facts remain is that the petitioner, who has been in custody from 27.2.2024, is a first time offender, where the investigation has achieved much progress. Therefore, the petitioner can be enlarged on bail, on imposing conditions.

Accordingly, the bail application is allowed and the petitioner is released on bail, by imposing the following conditions:

i. The petitioner shall be released on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties, each for the like amount to the satisfaction of the Special Court concerned.

ii. The petitioner shall not intimidate the witnesses or tamper with evidence. He shall co-operate with the investigation and shall be available for trial.

iii. The petitioner shall appear before the Investigating Officer as and when directed.

iv. The petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of this case, so as to dissuade him from disclosing such facts to the court or to any police officer.

v. The petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.

vi. The petitioner shall not meet, disturb or to deal with the victim or her family till the trial of the case and any violation by itself would warrant cancellation of the bail hereby granted.