Chandran K.V 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 sole accused in Crime No.156 of 2022 of Adhur Police Station registered for the offences punishable under Sections 450, 376(3) and 506(ii) of the Indian Penal Code, 1860 and also under Section 6 r/w Section 5(m) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, in the year 2018 when the victim was aged only 6 years, the accused trespassed into her house and while she was lying on the bed, hugged her and after removing her dress touched her private parts and thereby committed penetrative sexual assault.

Sri.T.Madhu, the learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations and the crime is registered on the basis of a wrong information. He further submitted that the petitioner was arrested on 14.02.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that petitioner has indulged in a very heinous crime and that releasing him on bail would cause prejudice to the witnesses and even intimidate the victim.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 14.02.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. 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 his 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(e) Petitioner shall not enter into the jurisdictional limits of the Adhur Police Station, Kasargod; until the conclusion of the trial in the case.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.