Asharaf vs State Of Kerala

This petition is filed under Section 439 of the Code of Criminal Procedure.

The petitioner herein is arrayed as the accused in Crime No.5 of 2018 of the Vellayil Police Station, registered under Section 377 of the IPC and Section 5(l)(m) and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

The victim in the instant case is a boy aged 11 years. It is alleged that, on 24.12.2017 at about 3.30 p.m., while he was going to the residential home of his grandmother where his mother was also residing, the petitioner herein, who is working in the CP hotel as an employee, invited the boy to the upstairs of the madrassa building and thereafter subjected him to sexual abuse. According to the victim, it was done on repeated occasions. It appears that the minor child disclosed the incident to one Mushrad, who in turn alerted his father. Consequent to the information furnished, the aforesaid Crime was registered.

4.The learned counsel appearing for the petitioner submitted that the petitioner herein was arrested on 9.1.2018 and has been in custody since then. It is further urged that it is on account of a trivial dispute that such grave allegations are levelled against him. Pointing out the delay in setting the law in motion, it is submitted that the petitioner has been roped in.

The learned Public Prosecutor has opposed the prayer.

I have gone through the case diary and the report of the Doctor which is dated 4.1.2018. The Doctor has not noted any external injuries. There cannot be any doubt that the allegations are grave. But, the fact remains that the investigation has reached the end stages. No purpose will be served in detaining him any further.

Having regard to the nature of allegations, the stage of investigation, the period of detention undergone and all related aspects, I am of the considered view that the petitioner can now be released on bail by imposing stringent conditions.

In the result, this petition will stand allowed. The 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. The above order shall be subject to the following conditions:

i).The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.

2). He shall not enter the limits of Kozhikode revenue district for a period of six months except for the purpose of complying with the other conditions in the order. If for any extraordinary reason the petitioner requires to enter the limits of the District, previous permission has to be obtained from the jurisdictional Court.

3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any attempt to contact the victim or his family members.

4). The petitioner shall not commit any offence while he is on bail.

5).The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

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.