Chamukutty.A vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.424 of 2022 of Pudunagaram Police Station, Palakkad District, registered for the offences punishable under Sections 8 r/w Section 7, Section 10 r/w Section 9(l)(m) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, the petitioner had in May 2022 and subsequently, in June, 2022 sexually assaulted the minor boy, aged only 11 years, and thereby committed the offences alleged.

The learned counsel for the petitioner submitted that the entire prosecution allegations are false and that the incident as alleged had not occurred.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner is alleged to have committed serious offences and that he has two other criminal antecedents as accused in Crime No.605/2015 and Crime No.197/2016. According to the prosecutor, in such circumstances, despite being in custody since 30.07.2022, bail ought not to be granted to the petitioner.

I have perused the statement of the victim and have considered the arguments raised.

Though the offences alleged to have been committed by the petitioner are serious in nature, taking note of the nature of allegations and considering the fact that the petitioner has been in custody since 30.07.2022, I am of the view that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

In the result, 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 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 his/her family members.

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

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.