Anwar T.A vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.854 of 2021 of Cheruthuruthi Police Station, Thrissur District, alleging commission of offences under

Sections 354 and 354(A)-1(i) of the Indian Penal Code, Section 10 read with Section 9(l) of the Protection of Children from Sexual Offences Act,

2012 and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The allegation against the petitioner is

that on 15.12.2021 at about 2.20PM, when the victim came to the E-Mithri Center being run by the petitioner at Desamangalam to take a print out of

the bio-data of her brother, the petitioner required her to sit in a chair near him and he caught hold of her thighs with a sexual intent.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and the case has been foisted on him on the

basis of some misunderstanding. It is submitted that the petitioner is in custody from 17.12.2021 and his further detention is not necessary for the

purpose of investigation into the matter. It is submitted that the petitioner is willing to abide by any condition that may be imposed by this Court.

I have heard the learned Public Prosecutor also. The learned Public Prosecutor submits that the victim is a 17 year old girl, who was attempted to

be sexually molested by the petitioner, a 50 year old man. It is submitted that while no criminal antecedents are reported against the petitioner, his

attempt to sexually molest a minor victim girl, is to be seriously viewed.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 17.12.2021 and since

his further detention is not required for the purpose of investigation into the matter, I am of the view that the petitioner can be granted bail subject to

conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the

Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.854 of 2021 of Cheruthuruthi Police Station, Thrissur District, on every Saturday at 11.00AM till a

final report is filed;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim / de-facto complainant or any witness in Crime No.854 of

2021 of Cheruthuruthi Police Station, Thrissur District;

(4) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.854 of 2021 of Cheruthuruthi Police Station, Thrissur District, may

file an application before the Jurisdictional Court for cancellation of bail.