Muhammed Nadeer 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.577/2022 of Sreekandapuram Police Station, Kannur District alleging offences under Sections 341, 354(1)(i), 354D(1)(i) and Section 506 of the Indian Penal Code, 1860 and apart from Section 7 r/w Section 8 and Section 11(iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 12.07.2022, petitioner had, with sexual intent, restrained the minor victim and caught hold of her hand and threatened her and again on another day, stared at her and thereby outraged her modesty and thus committed the offences alleged.

Sri.M.Muhammed Shafi, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail. It  is  further  submitted  that  final  report  was  filed  on 04.08.2022.

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 27.07.2022, 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 intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

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

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.