Kader vs State Of Kerala

Gopinath P, J.

This is an application for anticipatory bail.

The petitioner is the accused in Crime No.849/2021 of Chavakkad Police Station, Thrissur District alleging commission of offences under Sections 363, 377 IPC & Sections 4(2)/3(a), 6(1)/5 (l), & 12 r/w. II (iv) of the Protection of Children from Sexual Offences Act, 2021 (POCSO Act).

The allegation against the petitioner is that he acquainted himself with the victim boy and, exploiting his poor financial condition, subjected him to sexual assault and thereby committed the offences alleged against him. Originally, one crime was registered against the petitioner and five others, who are all facing similar allegations in respect of the same victim. However, as on date, separate crimes have been registered against each of the accused as a result of which the petitioner is the sole accused in Crime N0. 849/2021 of Chavakkad Police Station, Thrissur District.

The learned counsel for the petitioner submits that there was a dispute between the petitioner and the other accused on one side and a club known as 'Rough Riders', (of which the victim was alleged to be a member) who were occupying a space next to the mosque in which the petitioner and the other accused are committee members and this was the reason for foisting a false case against the petitioner and the other accused. It is submitted by the learned counsel for the petitioner that the petitioner is aged 71 years and that the petitioner has various illness and is living on one kidney. It is submitted that all the other accused have been released on regular bail.

The learned Public Prosecutor stoutly opposes the grant of anticipatory bail stating that all the other accused were granted regular bail after substantial period of custody and that custodial interrogation of the petitioner is absolutely necessary in the facts and circumstances of the case. He submits that a potency test has to be conducted to establish the prosecution charge against the petitioner. He also submits that the allegations are very serious and would attract the offences alleged against the petitioner.

Having considered the rival submissions and taking into account the fact that the petitioner is aged 71 years, I am of the opinion that the petitioner can be granted anticipatory bail after imposing strict conditions to ensure that the investigation of Crime No.849/2021 of Chavakkad Police Station is not affected in any manner by the grant of anticipatory bail.

In the result, this application for anticipatory bail is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in Crime No.849/2021 of Chavakkad Police Station subject to the following conditions:-

(i) The  petitioner  shall  execute  bond for  a sum of  Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the 1st Additional District and Sessions Court (Special Court), Thrissur;

(ii) The petitioner shall report before the investigating officer in Crime No.849/2021 of Chavakkad Police Station on every day at 9 a.m. from 1.11.2021 till 15.11.2021 and thereafter as and when called upon to do so by the investigating officer;

(iii) The petitioner shall not attempt to contact the victim or interfere with the investigation or to influence or intimidate any witness in Crime No.849/2021 of Chavakkad Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.849/2021 of Chavakkad Poloice Station may file an application before this Court, for cancellation of bail.