Jayalal vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.203/2022 of the Anchuthengu Police Station, Thiruvananthapuram. The offences alleged against him are under Sections 354 and 354A(1)(i) and Section 323 of the Indian Penal Code, 1860 apart from Section 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that the petitioner with sexual intent, committed sexual assault on the minor victim aged 13 years on 03.05.2022 by touching her private parts and by holding her breasts and buttocks and in the scuffle she fell down and sustained injuries, thereby the accused committed the offences alleged against him.

Shri.Latheesh Sebastian, the learned counsel for the petitioner contended that the entire prosecution case is false and petitioner is totally innocent. He further submitted that he was arrested on 04.05.2022 and has been in custody since then.

Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that petitioner has committed a serious crime.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, petitioner was remanded to judicial custody on 04.05.2022. 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. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

i) Petitioner shall be released on bail on his  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) Petitioner shall appear before the Investigating Officer as and when required.

iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members.

iv) Petitioner shall not commit any offence while he is on bail.

v) 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.