Ayyappan vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.978/2022 of Sasthamcotta Police Station, Kollam alleging offences under Sections 451 and 354 of the Indian Penal Code, 1860 and Section 8 r/w Section 7 and Section 10 r/w Sections 9(l), (m) of the Protection of children From Sexual Offences Act, 2012.

According to the prosecution, the victim who was a minor girl of 9 years was subjected to aggravated sexual assault by the accused by forcing her to touch his genital organ as well as scratching the genital part of the victim and thereby committed the offences alleged against him.

Sri.P.V.Dileep, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the petitioner had subjected the 9 year old victim to aggravated sexual assault and even though he was arrested on 01.07.2022, releasing the petitioner on bail would cause prejudice to the prosecution case.

I have considered the rival contentions and have perused the statement of the victim. The final report has been filed on 31.07.2022. Considering the fact that petitioner has been in detention since 01.07.2022, I am of the view that the continued detention is not essential.

Accordingly, I allow this bail application on the following conditions :-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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, notwithstanding the bail having been granted by this Court.