Ayyanar vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.1767/2021 of Nagaroor Police Station, Thiruvananthapuram District registered alleging commission of offences under Sections 447, 354(A)(1)(i) of the Indian Penal Code and Section 8 r/w 7, 10 r/w 9(m) of the POCSO Act, 2012.

The allegation against the petitioner is that, on 21.09.2021, he trespassed into the property of the victim girl aged 9 years and caught hold of her private parts and thereby committed the aforesaid offences.

The learned counsel for the petitioner would submit that the petitioner has been in custody from 22.09.2021. It is submitted that the petitioner is absolutely innocent in the matter. It is also submitted that considering the offences alleged against the petitioner, the petitioner would be entitled to default bail on completion of 60 days and as on date, the petitioner has been in custody for 58 days.

The learned Public Prosecutor, on instructions, would submit that the investigation in the matter is progressing. It is submitted that the petitioner is a native of Tamil Nadu and there is every chance of the petitioner absconding, if granted bail.

The learned counsel for the petitioner would submit that the petitioner is willing to provide local sureties and also abide by the stringent condition to ensure that he does not abscond.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner would be entitled to default bail at the expiry of 60 days and considering the fact that the petitioner has been in custody for 58 days as on today, I am inclined grant bail to the petitioner with conditions to ensure that the petitioner does not abscond and is available to face trial in the case.

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

(i) The petitioner shall execute a 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;

(ii) The petitioner shall appear before the investigating officer in Crime No.1767/2021 of the Nagaroor Police Station, Thiruvananthapuram District on every day at 9.00 A.M until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or influence or intimidate the victim or any witness in Crime No.1767/2021 of the Nagaroor Police Station, Thiruvananthapuram District;

(iv) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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.1767/2021 of the Nagaroor Police Station, Thiruvananthapuram District may file an application before the Jurisdictional Court, for cancellation of bail.