Badru Harijana @ Bhadari 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.

The petitioner is the 1st accused in Crime No.1113/2021 of Kurupumpady Police Station alleging commission of offences punishable under Sections 363, 366, 370, 370(1) and 376(2)(n) read with Section 34 of the Indian Penal Code, 1860 apart from Section 3(a) read with Section 4 and Section 5(i) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused abducted the minor victim aged 17 years on 26.09.2021 and committed sexual assault on her repeatedly and thereby committing the offences alleged.

Sri.Francis Assisi, learned Counsel appearing for the petitioner contended that the entire prosecution allegations are false and that the petitioner has been in custody since 11.12.2021.

Sri.Noushad K.A., learned Public Prosecutor opposed the grant of bail. He, however, submitted that the final report was filed in the above mentioned crime and the same is numbered as S.C.No.155/2022 of the Fast Track Special Court (POCSO Act cases), Perumbavoor and that the trial of the said case has already commenced. It was further pointed that the victim has already been examined along with two other witnesses.

Considering the period of detention already undergone by the petitioner i.e. from 11.12.2021 onwards and also the fact that the victim has already been examined in Court, I am of the view that the continued detention of the petitioner is not essential. However, since the petitioner is a native of State of Odisha, there must be sufficient conditions, to ensure his presence during the continuance of the trial. Accordingly, this application is allowed 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 Fast Track Special Court (POCSO Act cases), Perumbavoor. One of the sureties shall be a local surety.

(b) The petitioner shall appear on every posting date during trial without default and 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.