Binshad vs State Of Kerala

Application for regular bail filed by the sole accused in Crime No.57 of 2021 of Panniankara Police Station, Kozhikode District registered for the offences punishable under Section 363 of Indian Penal Code and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act. The petitioner has been in custody since 09.02.2021.

The prosecution allegation is that the petitioner and the victim girl had acquaintance through facebook. On 08.02.2021 by around 13 Hrs. the petitioner had abducted the minor girl from her uncle's house and took her to the Beach at Kozhikode and sexually assaulted her by touching on her private parts and thereby committed the aforesaid offences.

According to the learned counsel for the petitioner, he is aged only 21 years and he was having close acquaintance with the defacto complainant. But he never committed any offence as alleged by the prosecution. Since he has been in custody for the last more than one month, this application for regular bail.

The learned Public Prosecutor also submitted that the investigation of the case is well in progress.

Having regard to the nature of the accusations levelled against the petitioner, the duration of judicial custody undergone by him and the other facts and circumstances involved in this case, I am inclined to release him on bail. Therefore, this application is allowed and bail is granted to the petitioner subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the investigation of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.