Biju K K vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.141/2022 of Kodakara Police Station, alleging commission of offences under Section 8 r/w. Section 7 of the Protection of Children from Sexual Offences Acct, 2012.

The allegation against the petitioner (who is working as a KSRTC Conductor) is that on a trip on the bus where he was serving as a Conductor, the petitioner sexually abused the minor victim boy on a journey between Nellai- Koluthur by catching hold of the private parts of the minor victim.

The learned counsel for the petitioner submits the petitioner is absolutely innocent in the matter and he has been falsely implicated. It is submitted that the petitioner has no criminal antecedents. It is submitted that the petitioner has been in custody for 26 days and his continued detention is not necessary for the purposes of any investigation.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out from the record. It is submitted that there are clear allegations against the petitioner in the First Information Statement of the victim boy. It is submitted that the allegations against the petitioner are serious and the petitioner is not entitled to be released on bail at this point of time.

Having regard to the facts and circumstances of the case and considering the nature of the allegations and taking into account the fact that the continued detention of the petitioner may not be necessary for the purposes of any investigation, I am of the opinion that the petitioner can be granted bail subject to conditions.

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

(i) Petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 141/2022 of Kodakara Police Station as and when called upon to do so;

(iii) Petitioner shall not attempt to contact the victim or interfere with the investigation or to influence or intimidate any witness in Crime No. 141/2022 of Kodakara Police Station ;

(iv) 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. 141/2022 of Kodakara Police Station may file an application before the jurisdictional Court for cancellation of bail.