Mohanan.P.P vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.208 of 2022 of Neeleshwaram Police Station, Kasaragod District. The offences alleged against the petitioner are punishable under Sections 377, 506(i) of the Indian Penal Code,1860 apart from Section 5(m) and 6(1) of the Protection of Children from Sexual Offences Act, 2012 .

According to the prosecution, on 25-12-2021 the accused committed unnatural sexual offences on the victim boy aged only 11 years by indulging in aggravated penetrative sexual assault and thereby committed the offences alleged.

Smt.P.Mamatha, the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that since the petitioner was arrested on 22-02-2022, his continued detention may not be permitted as the same would prejudice the defense to be taken at the time of trial.

Sri. Noushad K.A., the learned Public Persecutor opposed the grant of bail and contended that even though the final report was filed and the case is now pending trial as S.C.No.294/2022 before the Fast Track Special Court (POCSO Cases), Hosdurg, Kasargode District, releasing the petitioner on bail at this juncture would cause prejudice to the prosecution case.

I have considered the rival contentions. The petitioner is aged 64 years and was arrested on 22-02-2022. The final report has already been filed and the case is pending trial as SC.No.294/2022 before the Fast Track Special Court (POCSO Cases), Hosdurg, Kasargode. Having regard to the present circumstances, there is only a remote possibility of commencement of trial in the near future.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 22-02-2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed 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 co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of Neeleshwaram Police Station.

(d) Petitioner shall not contact the victim or his relatives or other witnesses.

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

(f) 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.