Hamza 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.246 of 2022 of Koppam Police Station, Palakkad District, registered for the offences punishable under Sections 341 of the Indian Penal Code, 1860 and also under Sections 8 r/w Section 7, Section 10 r/w Section 9(l) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 11.04.2022 and 24.07.2022; the petitioner, with sexual intent, put his hands inside the trousers of the victim boy, aged only 14 years, and caught hold of his private parts thereby committing the offences alleged.

Sri.M.Revikrishnan, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that since the petitioner was arrested on 27.07.2022, the continued detention of the petitioner is not warranted.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the incident reveals a serious offence and hence petitioner ought not to be released on bail.

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 27.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. 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 family members.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.