Arun vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 251 of 2024 of Irinjalakuda Police Station, Thrissur, registered under Sections 354, 354A(1)(i) of IPC and Section 8 r/w 7 of Protection of Children from Sexual Offences Act and Section 3(1)(w)(i), 3(2)v(a) of SC/ST POA Amendment Act 2015.

The prosecution allegation is that, on 16.02.2024 at 07.30 pm, the petitioner outraged the modesty of the victim girl, aged 14 years, who belongs to scheduled caste, by holding her hand.

Since the offences alleged include offences under SC/ST POA Act also, notice was served on the victim girl through the SHO, Irinjalakuda police station. Though notice was served, none appeared for the victim.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the only allegation is that, the petitioner caught hold on the hand of the victim girl, who belongs to a Scheduled Caste. The petitioner is in judicial custody from 17.02.2024 onwards. His continued detention is not necessary for the purpose of investigation.

Learned Public Prosecutor, on instructions, would submit that, the investigation has progressed substantially. The petitioner is in judicial custody from 17.02.2024 onwards.

Considering the nature of allegations, and the period in custody, this Court is inclined to release the petitioner on bail, on the following terms:-

i. The petitioner shall be released on bail 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. Thereafter, the petitioner shall report before the Investigating Officer on alternate Saturdays at 10.00 am starting from 30.03.2024, for a period of three months, or till the final report is filed which ever is earlier.

iii. The petitioner shall not contact the victim or her family members and shall not cause any kind of harassment to them either directly or indirectly.

iv. The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

v. The petitioner shall not commit any offences while on bail.

vi. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.