AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
13 paragraphs · 384 wordsBechu Kurian Thomas, J.
This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the 1st accused in Crime No.1226/2022 of Kilikolloor Police Station, Kollam, alleging offences punishable under Sections 366, 354D r/w Section 34 of the Indian Penal Code, 1860 apart from Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.
According to the prosecution, on 22.11.2022, the accused 1 and 2 enticed the defacto complainant's minor daughter aged 13 years and took her in a motor bike and thereby committed the offences alleged.
Sri.K.V.Anil Kumar, the learned counsel for the petitioner contended that the entire prosecution allegations against the petitioner, who is the first accused is false and no act which can amount to an offence has been alleged against him. It was also submitted that petitioner was arrested on 23.11.2022 and has been in custody since then.
Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious.
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 23.11.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. 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 appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.
(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.