Manu vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.858/2021 of Oachira Police Station, Kollam District alleging commission of offences under Sections 341,

354, 354A & 506 (i) of the Indian Penal Code and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that while the minor victim girl was on her way for tuition on her bicycle, the petitioner stopped her and

caught hold of her private parts and thereby committed the offences alleged against him.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter and that the case has been registered only on

the basis of some misunderstanding. It is submitted that the petitioner has no criminal antecedents and that his further detention in custody is not

required for the purposes of investigation in the matter. It is submitted that the petitioner has completed 62 days in custody as on date, having been

arrested on 02-11-2021.

The learned Public Prosecutor on instructions would submit that the petitioner may not be granted bail as there is every chance that material

witnesses including minor victim being influenced by the petitioner. It is submitted that the victim is only 14 years of age and that the investigation is

almost completed. It is also submitted that the statement of the victim under Section 164 Cr.P.C has been recorded.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 62 days and further

considering the fact that his continued detention may not be necessary for the purpose of investigation in the matter, I am inclined to grant bail with

sufficient conditions to ensure that the petitioner does not influence the minor victim or any witness in Crime No.858/2021 of Oachira Police Station.

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.858/2021 of Oachira 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.858/2021 of Oachira Police Station;

(iv) The petitioner shall not enter Kollam District except for the purpose of complying with condition No.(ii) above;

(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.858/2021 of Oachira Police Station station may file an application

before the jurisdictional Court for cancellation of bail.