Muhammed Bilal vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.78/2022 of Chavakkad police station, Thrissur district, alleging commission of offences under Sections 8 r/w7, 10 r/w 9(1) and 12 r/w11(i)(ii) (iii)&(iv) of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that he compelled the minor victim to share her intimate pictures and videos with him and also displayed his private parts to the victim over Whats App calls. It is also alleged that the petitioner attempted to assault the minor victim by hugging her on several occasions in a pathway in front of her mother’s house.

Learned counsel appearing for the petitioner submits that the petitioner is only 19 years of age. It is submitted that the petitioner has been in custody for a period of 56 days. It is submitted that though the arrest of the petitioner was recorded in the aforesaid crime only on 19.01.2022, petitioner was arrested on 16.01.2022 in an earlier crime registered against him (where the allegation is that he downloaded child pornography on his mobile phone). It is submitted that the continued detention of the petitioner is not necessary for the purpose of any investigation.

Learned Public Prosecutor opposes the grant of bail. The circumstances of the case are pointed out. It is submitted that the minor victim was only 15 years of age and the petitioner is clearly guilty of the offences alleged against him.

Having regard to the facts and circumstances of the case and taking a lenient view on account of the age of the petitioner and also considering the fact that the continued detention of the petitioner is not necessary for the purpose of any investigation, I am of the opinion that the petitioner can be released on bail subject to strict conditions . Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No. 78/2022 of Chavakkad Police station on every Saturday at 11 am until filing of final report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No. 78/2022 of Chavakkad police station;

(iv) 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..78/2022 of Chavakkad police station may file an application before the jurisdictional court, for cancellation of bail.