Karthikeyan 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 sole accused in Crime No.925/2022 of Karunagappally Police Station. The offences alleged against the petitioner are under Sections 354A, 452 and 506 of the Indian Penal Code, 1860, Section 8 read with Section 7, Section 10 read with Section 9(k) and Section 12 read with Section 11(i) of the Protection of Children from Sexual Offences Act 2012 apart from Section 3(1)(w)(ii) and 3(2)(Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 2018.

According to the prosecution, on 09.07.2022, the accused, who is a neighbour of the victim entered into the kitchen of the house with sexual intention and caught hold of the victim and pulled her towards his chest and threatened her not to disclose it to her parents and thereby committed the offences alleged against.

Sri.B.Mohanlal, learned Counsel for the petitioner submitted that the prosecution allegations are false and that the incident as alleged had not occurred.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the petitioner has committed a serious offence including those under the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amended Act, 2018.

I have considered the contentions raised and also perused the statement given by the victim.

On a perusal of the statement of the victim, and other circumstances, I am of the view that since the petitioner was arrested on 10.07.2022, the continued detention of the petitioner is not warranted. Therefore, the petitioner is entitled to be released on bail.

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

(a) 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) 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.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) 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.