Devarajan vs State Of Kerala And Ors

The appellant is the accused in Crime No.706 of 2020 of Kanakakunnu Police Station registered for the offences punishable under Sections 354,

354-A(1)(i), 354-B and 376-AB IPC and Section 3(a) read with Sections 4, 4(1) and 7 read with Section 8 of the Protection of Children from Sexual

Offence Act, 2012 and Sections 3(2)(v) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The

appellant filed Crl.M.P. No.90 of 2021 before the court below praying for the relief under Section 439 Cr.P.C. The court below, as per the order

impugned, dismissed the application against which this Criminal Appeal has been filed.

The prosecution allegation is that on a day after Onam in 2020, the appellant committed penetrative sexual assault on the victim after removing her

underwear.

The appellant was arrested on 28.12.2020 and ever since, he has been in custody.

It has been submitted by the learned Public Prosecutor that the major part of the investigation is almost complete. The appellant is aged 71 years.

The appellant is not involved in any other offence, submitted by the learned Public Prosecutor. Considering the facts and circumstances of the case, I

am of the view that the further detention of the appellant is not necessary in this case. In the said circumstances, I am inclined to grant bail to the

appellant.

In the result, this Criminal Appeal stands allowed, setting aside the order impugned and the appellant is directed to be enlarged on bail on condition of

the appellant executing a bond for Rs.40,000/- (Rupees forty thousand only) with two solvent sureties, each for the like sum to the satisfaction of the

Special court concerned and subject to the following further conditions:

(i) The appellant shall report before the Investigating Officer on every Monday between 9 a.m. and 11 a.m. for one month and thereafter, as and

when required by the Investigating Officer for interrogation.

(ii) The appellant shall not intimidate or influence the witnesses or in any way tamper with the investigation.

(iii) The appellant shall not enter into the jurisdiction of Kanakakunnu Police Station for a period of two months without the leave of the learned

Magistrate.

(iv) The appellant shall co-operate with the investigation.