Mahesh vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.474/2022 of Poonthura Police Station, Thiruvananthapuram District. The offences alleged against the petitioner are under Sections 450, 363, 506(i), 376(2)(n) of the Indian Penal Code, 1860 and Section 5(1) r/w Section 6, Section 11(v) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012

The prosecution allegation is that, the accused trespassed into the house of the victim on 17.04.2022 and committed penetrative sexual assault and thereby committed the offences alleged.

Sri.P.Anoop, learned Counsel for the petitioner contended that the entire prosecution case is false and that petitioner is innocent of the allegations and since the petitioner was arrested on 03.05.2022, the continued detention of the petitioner is not required.

Sri.K.A.Noushad, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the petitioner has committed a serious crime and that he ought not be released on bail.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 03.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

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

(v) 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.