Janardhanan @ Mutha vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.260/2022 of the Shornur Police Station, Palakkad, alleging offences under Section 341 r/w Section 354A(1)(i) of the Indian Penal Code, 1860 and Section 7 r/w Section 8 of Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that on 16.05.2022, at about 05:00 p.m., while the victim, who is a minor girl of 13 years, was returning home, the accused touched her chest with sexual intent and continued the said act for the next four days and thereby committed the offences alleged against him.

Shri.Nireesh Mathew, the learned counsel for the petitioner submitted that the entire prosecution case is false and that the petitioner is innocent. It was pointed out that the petitioner was arrested on 03.06.2022 and that continued detention is not warranted.

Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner, if released on bail would intimidate or threaten the victim and thereby, tamper with the evidence. It was also pointed out that the final report has already been filed.

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 03.06.2022 and in view of the nature of the offences alleged, I do not find any reason to hold that the continued detention of the petitioner is required, especially 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:-

i) The 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.

ii) The petitioner shall co-operate with the trial of the case.

iii) The petitioner shall not intimidate or attempt to influence the witnesses; not shall he attempt to tamper with the evidence and shall not, under any circumstances, contact the victim or her family members until conclusion of the trial.

iv) The petitioner shall not commit any similar offences while he is on bail.

v) The 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.