Lakshmanan vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.3461/2021 of Moovattupuzha Police Station, Ernakulam District alleging commission of offences under under Section 354 A (1) (i) of the Indian Penal Code and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that the petitioner committed sexual assault on the minor victim girl by hugging her and grabbing her thighs and breast and despite the victim trying to escape from the clutches of the petitioner, the petitioner did not release the victim.

The learned counsel for the petitioner submits that the allegations are totally baseless. It is submitted that the family of the victim girl and the petitioner were close friends and he had intervened to settle some marital disputes between the parents of the victim girl. It is submitted that the victim girl had stayed at his house once and the allegations were raised thereafter solely with the intention of defaming the petitioner. It is submitted that the petitioner has been in custody from 12-10-2021 and further custodial interrogation of the petitioner is not necessary for the purpose of investigation into the matter.

The learned Public Prosecutor on instructions submits that the allegations against the petitioner are quite serious and he attempted to exploit the fact that the parents of the victim girl were not on good terms with each other. It is submitted that the victim girl has given a statement under Section 164 Cr.P.C to the jurisdictional magistrate where she has clearly revealed the incidents of abuse by the petitioner. It is submitted that the grant of bail may affect the progress of investigation.

Having regard to the facts and circumstances of the case and the nature of allegations against the petitioner and considering the fact that the petitioner has been in custody from 12-10-2021, I am of the view that the petitioner can be granted bail subject to conditions as further custodial interrogation of the petitioner may not be necessary for the purpose of investigation into the matter. Hence the bail application is allowed. 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 appear before the investigating officer in Crime No.3461/2021 of Moovattupuzha Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.3461/2021 of Moovattupuzha Police Station;

(iv) The petitioner shall not enter the local limits of the Enangalloor police station where the victim girl is residing;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(vi)  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.3461/2021 of Moovattupuzha Police Station may file an application before the jurisdictional Court for cancellation of bail.