Bimal @ Pakku 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 first accused in Crime No.478/2022 of Kilikolloor Police Station, Kollam alleging offences under Sections 354, 354D, 366A, 370 and 376(3) r/w Section 34 of the Indian Penal Code, 1860 and Section 4 r/w Section 3(a), 3(b), Section 8 r/w Section 7 and Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 02.05.2022, petitioner took the victim, aged 15 years, to a house near NS hospital and inserted his finger into her vagina and thereby committed the offences alleged against him.

Sri.Pratheesh P., the learned counsel for the petitioner contended that the entire prosecution case is false and the incident, as alleged had not occurred. It was further contended that the petitioner was arrested on 22.05.2022 and that further detention is not required.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the petitioner is alleged to have committed serious offence.

Having regard to the circumstances including the detention of the petitioner from 22.05.2022, I am of the view that continued detention is not required. Accordingly, I allow this 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 appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members either directly or indirectly.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.