Joy 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 first accused in Crime No.76/2022 of Railway Police Station, Ernakulam alleging offences under Sections 354, 341, 323 and 294(b) r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

Prosecution alleges that on 25.06.2022, while the victim girl, aged 16 years was travelling on the train with her father from Ernakulam to Thrissur, the first accused with sexual intent touched the leg of the victim girl and when this was questioned by the father of the victim, the accused 2 to 5 caught hold of him and after restraining him shouted obscene words and assaulted him and thus committed the offences alleged.

Sri.P.K.Varghese, the learned counsel for the petitioner submitted that the entire prosecution case is false. It was submitted that the petitioner was arrested on 01.07.2022 and that the continued detention is not warranted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that petitioner has committed serious offence.

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 01.07.2022, 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:-

(i) 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) 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 her family members.

(iv) Petitioner shall not commit any similar offences 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.