Kasim 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 accused in Crime No.78/2022 of Thamarassery Police Station alleging offences under Sections 354A(1)(i) and 506 of the Indian Penal Code, 1860 apart from Section 10 r/w Section 9(1), Section 12 r/w Section 11 (vi) of the Protection of Children from Sexual Offences Act, 2012 and Section 92(d) of the Rights of Persons with Disabilities Act, 2016.

According to the prosecution, the accused sexually assaulted the victim, who is a mentally disabled girl on 05.02.2022 by catching hold of her breast and thereby committed the offences alleged against him.

Sri.Luiz Godwin D.Couth, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that petitioner was arrested on 11.07.2022 and releasing the petitioner on bail would cause prejudice to the prosecution. It was further submitted that the final report has already been filed and the matter is pending consideration before the Fast Track Court, Kozhikode as SC No.740/2012.

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 11.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.