Federic Thomas vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.2452 of 2023 of Ernakulam Town North Police Station, Ernakulam, alleging commission of offences under Sections 354(1)(i), 354, 509, 376(2)(f), 376(3), 376, 354D(2), 354 D(1)(i), 354A(3), 354A(2), 354A(1)(iv) and 354A(1)(ii) of the Indian Penal Code and Sections 11(iv), 11(ii), 11(i), 12, 7, 8, 5(f), 5(p), 6, 9(p), 9(l), 9(f), 10, 3(b) and 4(2) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that, the petitioner, who was a friend of the victim’s father, had taken the victim to his house in Kaloor in the month of March 2023 and while there he had touched on her stomach and hugged and kissed on her cheeks. It is further alleged that, on several occasions, the petitioner had hugged and kissed the victim. It is further alleged that, on one day, he had taken the victim to his house and the petitioner had touched her inappropriately on her private parts and asked her some personal questions and again she was hugged and kissed by the petitioner. It is also alleged that, on the last occasion, the victim was disrobed by the petitioner. It is further alleged that one Joyal had seen the victim riding on the motorcycle with the petitioner and he informed the family of the victim. Thereafter, the complaint was filed against the petitioner.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the father of the victim is a pastor in the Seventh Day Church at Kaloor. It is submitted that the petitioner is an employee of the Seventh Day Adventist Higher Secondary School at Kaloor and a false complaint has been raised against the petitioner, as the petitioner has sought an enquiry against the father of the victim stating that he has sold certain books kept for free distribution. It is submitted that the petitioner has absolutely no criminal antecedents and has has already been in custody for 69 days. It is submitted that the victim and her family have moved abroad, a few days after the case was registered against the petitioner.

The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out to show that the allegations against the petitioner are extremely serious. It is submitted that the victim was aged only 13. It is submitted that, in such circumstances and especially considering the fact that the petitioner is working in a school, the petitioner cannot be granted bail at this point of time.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, and considering the fact that the petitioner has been in custody for 69 days, I am of the view that the petitioner can be granted bail subject to conditions. The allegations against the petitioner are no doubt serious. However, the continued detention of the petitioner does not seen necessary for the purposes of completing the investigation. The apprehension expressed by the learned Public Prosecutor that the petitioner is employee of a school and there is likelihood of similar offences being committed, if the petitioner is granted bail can be taken care of by imposing suitable conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.2452 of 2023 of Ernakulam Town North Police Station, Ernakulam as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.2452 of 2023 of Ernakulam Town North Police Station, Ernakulam;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail.

(v) The petitioner shall not involve in any other crime while on bail.

(vi) The petitioner shall not commit any similar offences while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.2452 of 2023 of Ernakulam Town North Police Station, Ernakulam shall file an application before the jurisdictional Court for cancellation of bail.