K.P. Joseph @ Jose vs State Of Kerala

Gopinath P., J

This is an application for regular bail

The petitioner is the sole accused in Crime No.1101/2023 of Thaliparamba Police Station, Kannur District alleging commission of offences under Sections 354 A(1)(i), 509 of the Indian Penal Code and Sections 8 r/w 7, 10 r/w 9(l)(m) of Protection of Children from Sexual Offences (POSCO) Act.

The prosecution allegation is that on 24-06-2023 and on earlier occasions when the victim came to the shop of the petitioner/accused to buy chocolates, the petitioner/accused had caught the child’s hand and had touched her breast and had therefore committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that the allegations raised against the petitioner are false. It is submitted that the petitioner is aged 74 years. It is submitted that on 24-06-2023, the victim had come to the shop of the petitioner to buy chocolates and had not fully paid for the chocolates taken from the jar kept in front of the shop and when the petitioner attempted to take back the chocolate for which the victim had not paid for, the victim has raised unnecessary allegations against the petitioner. It is submitted that the petitioner has been in custody from 13-07-2023 and has completed 51 days in custody. It is submitted that a final report has already been filed in the matter and continued detention of the petitioner is not necessary in the facts and circumstances of this case.

The learned Public Prosecutor refers to the allegations raised against the petitioner. She submits that the allegations against the petitioner are serious. However, she does not dispute the fact that investigation has been completed and a final report has been filed. She also confirms that no criminal antecedents have been reported against the petitioner.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and considering the fact that the investigation has been completed and a final report has been filed in the matter and considering the fact that no criminal antecedents have been reported against the petitioner and also considering the age of the petitioner and again considering the fact that the petitioner has been in custody for more than 51 days, I am of the view that the petitioner can be granted bail.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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 jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.1101/2023 of Thaliparamba Police Station, Kannur District as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No.1101/2023 of Thaliparamba Police Station, Kannur District ;

(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.1101/2023 of Thaliparamba Police Station, Kannur District may file an application before the jurisdictional Court for cancellation of bail.