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Judgment
Shircy V, J
Application for regular bail filed under Section 439 of the Code of Criminal Procedure.
2. The petitioner is the accused in Crime No.884 of 2021 of Ollur Police Station registered for the offences punishable under Sections 450 and 376
of IPC and Sec.4 r/w. 3(a), 6 r/w 5(j)(ii) of the Prevention of Children from Sexual Offences Act.
3. He has been in custody since 28.7.2021.
4. The allegation is that the petitioner one day in the month of January 2021 at about 1.30 p.m after committing house trespass and entered into the
residential house of the minor child involved in this crime and committed rape and impregnated her. Thus the petitioner has committed the aforesaid
offences.
5. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
6. According to the learned counsel for the petitioner he is totally innocent of the allegations levelled against him. But he is undergoing incarceration
for the last more than 60 days.
7. The learned Public Prosecutor has fairly submitted that now the investigation of the case is over and is ready to submit the charge sheet before
the court concerned.
8. Considering the nature of the accusations levelled against the petitioner, the period of detention undergone by him in judicial custody, the age of
the petitioner and also the fact that he has no criminal antecedents I am inclined to release him on bail subject to the following conditions.
(i)Â The petitioner shall be released on bail on his 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. One surety shall be his close relative.
(ii)Â The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.
(iii)Â 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)Â 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.