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Judgment
15 paragraphs · 341 wordsSophy Thomas, J
This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.2119/2023 of Punalur Police Station, Kollam, registered under Sections 354 of IPC and Sections 8 r/w 7 and 10 r/w 9(f), 9(l), 9(n), 9(p) of POCSO Act.
The prosecution allegation is that, the petitioner, who is a Madrassa Teacher, sexually assaulted the victim girl aged seven years, repeatedly from 2022 onwards, by pressing her private parts.
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, due to some internal feud, a false case was filed against him. He was in judicial custody since 04.12.2023 and he is ready to abide by any conditions imposed by this Court.
Learned Public Prosecutor on instructions submitted that, investigation in this case is over and final report has been filed. The petitioner is in judicial custody from 04.12.2023 onwards, and no other criminal antecedents are reported against him.
In such circumstances, this Court is inclined to allow this application, but on stringent conditions to ensure the safety of the victim child.
Hence, this application is allowed on the following terms:
i. The petitioner shall be released on bail 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. The petitioner shall not contact the victim girl, or her family members, and shall not cause any kind of harassment to them, either directly or indirectly.
iii. The petitioner shall not enter the limits of Kollam District, except for the purpose of appearing before the Court.
iv. The petitioner shall not leave the limits of Kerala without prior permission from the Trial Court.
iv. The petitioner shall not commit any offence while on bail.
v. In case of violation of any of these conditions, the jurisdictional court is empowered to cancel his bail, in accordance with law.