Amal Joseph vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.1379 of 2021 of Maradu Police Station, Ernakulam, alleging offences under Sections 363, 366A, 354A(i)(2) of the Indian Penal Code, 1860 apart from Section 12 r/w Section 11(iv), Section 8 r/w Section 7, Section 10 r/w Section 9(1) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution after being in detention for 26 days for the aforesaid crime, petitioner was granted bail on condition that he shall not indulge in any other crimes. Subsequently, petitioner was involved in a serious offence punishable primarily under Section 376(2)(n) and 376(3) of the Indian Penal Code as Crime No.494 of 2022 of Puthukad Police Station. In the said crime, petitioner was in detention for 42 days and subsequently, the Court granted bail.

Since the condition imposed while granting bail in Crime No.1379 of 2021 was violated, the Investigating Officer filed an application for cancellation of bail and accordingly, by Annexure-5 order dated 12-07-2022, the Special Court for POCSO cases cancelled the bail granted to the petitioner in Crime No.1379 of 2021 of Maradu Police Station. Thereafter, the petitioner was arrested on 19-07-2022 and has been in custody since there.

Smt.Annamma Philip, the learned counsel for the petitioner contended that the allegations against the petitioner are totally false and that he has been roped in as an accused in Crime No.494 of 2022, only to cancel the bail granted in Crime No.1379 of 2021. It was further submitted that petitioner had not violated any condition and that the allegations are all false. The learned counsel further pointed out that, in any event, the petitioner was arrested on 19-07-2022 and considering his young age, the continued detention may not be permitted.

The learned Public Prosecutor opposed the grant of bail and contended that the petitioner even though is young, he has violated the conditions of bail and hence no leniency ought to be shown to him. It was further pointed out that the similarity of the offences committed by the petitioner, that too within a proximate period, will clearly show the criminal mind and therefore releasing him on bail would cause prejudice not only to the prosecution but also to the society.

The petitioner is alleged to have committed a serious offence in Crime No. 494 of 2022 the allegation of having committed the offence if true, is clearly in contravention of the conditions imposed while granting bail in Crime No.1379 of 2021.

However, taking note of the young age of the petitioner and also the circumstances of the petitioner, and the fact that he has been in custody since 19-07-2022, I am of the view that the continued detention may not be essential in the peculiar circumstances of the case.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer on every third Saturday between 9.am and 12.pm.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses;

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

(v) 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.