Muhammed Noufal.K.A vs State Of Kerala

Jobin Sebastian, J

This petition for Regular Bail has been filed by the sole accused in Crime No.712/2024 of Kumbla Police Station, Kasargod, registered alleging the commission of offences punishable under Sections 74 of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 7 read with 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

The prosecution allegation is that, on 22.11.2024, at 6.20 a.m., while the survivor was standing near a Mosq at PK Nagar in Arikkadi Desom, the accused, who came in a car bearing Registration No.KL 1456341, after getting down from the said car, with an intention to outrage the modesty of the survivor, abruptly grabbed on her breast from behind her and hence committed sexual assault on her. Hence the accused is alleged to have committed the offences mentioned above.

Heard both sides and perused the available records.

The learned Public Prosecutor vehemently opposed the application.

From a perusal of the available records, it is decipherable that the accusation against the petitioner is prima facie well founded. The allegation that the petitioner dared to grab on the breast of a minor girl, who was standing in a public place, regardless of her reputation and dignity cannot be viewed lightly. The act attributed to the accused itself demonstrates his intention to molest the minor girl.

Any how, the petitioner is seen arrested in this case on 26.11.2024. He is an youngster, aged 25 years. No criminal antecedents are seen pointed out against him. The petitioner has now completed 39 days in judicial custody. The statement of the survivor has already been recorded under Section 183 of the BNS. As the investigation in this case appears to have progressed substantially, further judicial incarceration of the petitioner will serve no purpose. The apprehension of the prosecution regarding the repetition of similar offence by the petitioner can be allayed by imposing stringent conditions in this order.

Hence, considering the days of detention already undergone by the petitioner and the stage of investigation, I am inclined to grant bail to the petitioner on conditions:-

In the result, this petition is allowed on the following conditions:

1 The petitioner shall be released on bail on he executing a bond for Rs.1,00,000/-(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

2 The petitioner shall appear before the Investigating Officer on every Saturdays between 10 a.m. and 11 a.m., starting from 11.01.2025 for a period of three months or till the final report is filed, whichever occurs first.

3 The petitioner shall also appear before the investigating officer as and when required and shall cooperate with the investigation.

4 The petitioner shall not intimidate or influence the witnesses; or tamper with the evidence.

5 The petitioner shall not commit any offence while he is on bail.

6 The petitioner shall not contact the survivor either directly or indirectly or through any media, including any electronic media.

7 It is made clear that, in the event of a violation of any of the above conditions, the investigating officer is at liberty to approach the jurisdictional court for cancellation of bail. In that event, the jurisdictional court shall consider such application and pass appropriate orders.