Joy Sundar vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.1427 of 2023 of Thumba Police Station, Thiruvananthapuram, registered under Sections 3, 4(2), 5(i), 6, 7, 8, 9(p), 10, 11(iii) and 12 of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that the petitioner, who is a music teacher, aged 49 years, sexually assaulted the victim girl, aged 14 years, while she was attending his music class.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that the victim girl was not properly attending the class, and she was watching some porn videos in the mobile phone. She was having relationship with another boy, and since the petitioner scolded her and asked her to attend classproperly, a false case was foisted against him.

Learned Public Prosecutor, on instructions, submitted that investigation is over and final report has been filed.

The petitioner is in judicial custody from 08.12.2023 onwards. Since the investigation is over and final report has been filed, and also considering the nature of allegations made against the petitioner, this Court is inclined to release him on bail on the following terms:

(i). The petitioner shall be released bail on cash deposit of Rs.25,000/- (Rupees Twenty Five Thousand only), and on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii). The petitioner shall appear before the investigating officer as and when directed.

(iii) The petitioner shall not enter the limits of Thumba Police Station till the trial is over, except for the purpose of reporting before the Police Station or before the court as the case may be.

(iv). The petitioner shall not try to contact the victim or her family members and shall not influence or intimidate them, either directly or indirectly.

(v). The petitioner shall not influence or intimidate the witnesses and shall not tamper with the evidence.

(vi). The petitioner has to surrender his passport before the trial court at the time of executing the bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

(vii). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(viii). The petitioner shall not commit any offence while on bail.

(ix). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.