Manoharan 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 659 of 2022 of Malayankeezhu Police Station alleging offences under Sections 354,354(A) 354(B) and Section 451 of the Indian Penal Code, 1860 apart from Section 92(b) of Rights of Persons with Disabilities Act, 2016.

According to the prosecution, on 06.07.2022 at 4.15 p.m., petitioner trespassed into the house of the defacto complainant and sexuallly harrassed the defacto complainant's sister, who is a differently abled person and outraged her modesty and thereby committed the offences alleged against him.

Sri.Naveen Radhakrishnan, the learned counsel for the petitioner contended that the entire prosecution case is false and the incident as alleged had never occurred.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and submitted that the offence alleged is a grave one and that too committed against a differently abled person.

Taking into the consideration the fact that petitioner was arrested on 09.07.2022, I am of the view that continued detention of the petitioner is not necessary. Accordingly I allow this application 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.