Mohanan G vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.2636 of 2023 of Nedumangad Police Station, Thiruvananthapuram, registered under Sections 342, 377 of IPC and Section 3(a), 6 r/w Section 5(l) of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that, the petitioner, who is a 64 year old man committed sexual assault and un-natural sex on the victim boy aged only 13 years, in August 2023, while he was going to Madrasa.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that, the case put forward by the prosecution is an improbable one, and the fact that, the victim boy went to the doctor for treatment, after 130 days of the incident itself speaks about the falsity of the allegation. Thought the incident alleged occurred in August 2023, the complaint was lodged only on 16.12.2023. moreover, the shop, where the alleged incident occurred, is very near to the main road and so also, there was no possibility of such an incident, as alleged by the prosecution.

The petitioner was arrested and remanded to judicial custody on 17.12.2023. Learned Public Prosecutor, on instructions, would submit that the material witnesses were already questioned, and the investigation has progressed substantially.

Considering these aspects, this Court is inclined to allow this application, on the following terms:-

i. The petitioner shall be released on bail on cash deposit of Rs.20,000/- (Rupees twenty thousand only) and on executing bond for Rs.50,000/-(Rupees fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

ii. Thereafter, the petitioner shall report before the Investigating Officer on alternate Tuesdays between 10.00 am and 11.00 am starting from 20.02.2024, for a period of three months, or till the final report is filed which ever is earlier.

iii. The petitioner shall not contact, influence or intimidate the victim boy or cause any kind of harassment to him or his family members either directly or indirectly.

iv. The petitioner shall not intimidate or influence the witnesses or tamper with the investigation.

v. Petitioner shall not leave the limits of Kerala without prior permission of the trial court, and he shall surrender his passport before the trial court, at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

vi. The petitioner shall not commit any offence while on bail.

vii. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.