Ananthu vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.1184 of 2023 of Vizhinjam Police Station, Thiruvananthapuram, registered under Sections 366A, 376, 376(2)(n), 376(3) of the Indian Penal Code, 1860, and Section 4(2) r/w 3(a), 6 r/w 5(1), 12 r/w 11, 8 r/w 7 of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that, the petitioner, who is a neighbour of the victim girl aged 13 years, committed penetrative sexual assault on her on several occasions between November 2022 and June 2023 by showing sexual videos and touching her breast.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

The petitioner was arrested on 28.09.2023, and he is in judicial custody since then. Investigation is over and final report has been filed. So, this Court is of the view that, his continued detention is not needed for the purpose of investigation. Even then the fact remains that, the petitioner belongs to the same locality, where the victim girl resides. So, by taking appropriate measures to secure the safety and security of the victim girl and her family, this petition can be allowed on stringent conditions.

In the result, the bail application is allowed on following terms:

i. The petitioner shall be released on bail on cash deposit of Rs.20,000/- (Rupees Twenty Thousand only), and on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

ii. The petitioner shall appear before the investigating officer on alternate Saturdays starting from 20.01.2024 between 10.00 a.m. and 11.00 a.m. for a period of three months.

iii. Except for reporting before the Investigating Officer as directed above, the petitioner shall not enter the limits of Vizhinjam Police Station within the jurisdiction of which, the victim girl is residing.

iv. The petitioner shall not try to contact the victim girl and shall not influence or intimidate her or her family members, either directly or indirectly.

v. The petitioner shall not leave the limits of the State of Kerala, without getting prior permission from the trial court.

vi. The petitioner shall not commit any offence while on bail.

vii. In case of violation of any of the above conditions by the petitioner, the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.