Naseeb A.K. 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.917/2022 of Thalayolaparambu Police Station, Kollam District alleging offences under Sections 7 & 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 354A (1)(i) of the Indian Penal Code, 1860.

According to the prosecution, on 16.07.2022, while the victim along with her friend was on their way back home from school, the accused intercepted them and with sexual intent touched the body of the victim and inserted his hand inside her dress and thereby committed the offences alleged against him.

Sri.D.Feroze, the learned counsel for the petitioner contended that the entire prosecution case is false and that the incident, as alleged had never occurred.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the petitioner had committed a serious offence. It was further pointed out that petitioner is involved in two other  crimes  and  therefore  release  of  the  petitioner  on  bail  is  not conducive for the society at large.

I have considered the rival submissions and have perused the statement of the victim. Having regard to the date of arrest of the petitioner on bail which was on 21.07.2022, I am of the view that the continued detention is not required especially in the nature of the allegations.

Accordingly, I allow this bail application 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 victim or her family members.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.