Biju.K.K vs State Of Kerala

Ziyad Rahman A.A, J

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

The petitioner is the accused in Crime No.90/2023 of Chengannur Police Station, registered for the offence punishable under Section 354 of the Indian Penal Code.

The prosecution case is as follows: The petitioner is a person who was engaged by the victim's father to cook food for him. There are some disputes between the victim's mother and father and the victim's father. The victim and her mother reside in a shed attached to the residence of the victim's father. The petitioner was appointed as a cook by the father, as cooking was being done separately for both parties. While so, on 11.01.2023, at 11.30 a.m., the petitioner allegedly caught hold of the breast of the defacto complainant and forcefully kissed her, thereby committed the aforesaid offence. The crime was registered in such circumstances, and the petitioner was arrested in connection with the investigation of the said case on 18.01.2023. Since then, the petitioner has been under judicial detention. This application for regular bail is submitted in such circumstances.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, there are certain disputes between the father and mother of the victim, and since the petitioner was appointed by the father to cook food separately for him, a false complaint was submitted by the victim, with the connivance of her mother, to remove the petitioner from the house. It is further submitted that the petitioner is prepared to abide by any conditions, and he shall cooperate with the investigation.

On the other hand, the learned Public Prosecutor would oppose the aforesaid application by highlighting that, on going through the First Information Statement, there is a specific allegation of sexual assault against the petitioner. The investigation is now in progress, and therefore he seeks for dismissal of the bail application.

I have gone through the records and heard the contentions raised from either side. One of the contentions raised by the learned counsel for the petitioner is that a false complaint was submitted against the petitioner on account of the rivalry between the father and mother of the victim. However, I am of the view that this is a matter to be investigated, which is now in progress. But the fact remains that the petitioner has been in custody since 18.01.2023. No recovery is to be effected and there appears to be substantial progress in the investigation. Further incarceration of the petitioner seems to be not necessary in the facts and circumstances of the case. Therefore, the petitioner can be released on bail by imposing appropriate conditions to ensure that the petitioner is not contacting or influencing the victim or any other witnesses.

In such circumstances, this bail application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum, to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.