Gopakumar vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.621/2023 of Thalayolapparambu Police Station which was registered for the offences punishable under Sections 294(b), 323, 354, 308, 506(1) of IPC and also under Section 7 read with Section 8 of the POCSO Act.

The prosecution case is that, on 06.06.2023 at around 5.00 p.m., while the de facto complainant, who is a girl aged 17 years, was waiting at Thalayolapparambu Bus Stand, for the arrival of her sister, the petitioner caught the hand of the de facto complainant, embraced her, slapped on her cheek and also threatened her. The crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 07.06.2023, since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri. P.V. Kuriachan, learned counsel for the petitioner and Smt. V. Sreeja, learned Public Prosecutor for the State.

I have carefully gone through the records. It is true that there are certain allegations against the petitioner. However, it is the fact that the petitioner has been under judicial custody since 07.06.2023 and about two months have elapsed.

On the other hand, the learned Public Prosecutor pointed that he is involved in some other cases. However, considering the period of detention of the petitioner that had undergone, further incarceration of the petitioner is not necessary. Hence, the petitioner is directed to be released.

In the result, the application is allowed and the petitioner is directed to be released on bail on the following conditions:-

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

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Thursday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of similar nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.