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Prashob K @ Kuttan vs State Of Kerala

High Court Of Kerala · Decided on 12 October 2022 · Citation: (2022) 10 KL CK 0086

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 354, 354B, 363 · Protection of Children from sexual Offences Act, 2012 — Section 9(l), 9(m), 10, 11(i), 11(ii), 11(v), 12
RESULT
Allowed
CASE NUMBER
Bail Application No. 7378 Of 2022
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Judgment

14 paragraphs · 357 words

Bechu Kurian Thomas, J

1.

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

2.

Petitioner is the accused in Crime No.864/2021 of Nadakkavu Police Station, Kozhikode. The offences alleged against the petitioner are under sections 363, 354 and Section 354B of Indian Penal Code, 1860 apart from sections 10, 9l, 9m 12, 11(i), 11(ii) and Section 11(v) of the Protection of Children from sexual Offences Act, 2012.

3.

According to the prosecution, the accused stalked the victim, aged 12 years and after kidnapping her, committed sexual assault several times by touching her genital organs and even took her nude photographs and thereby committed the offences alleged.

4.

Sri.Chandra Babu, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 02.08.2022 and has been in detention since then.

5.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that final report was filed on 04.08.2022.

6.

Taking note of the detention of the petitioner from 02.08.2022, and filing of the final report on 04.08.2022, I am of the view that the continued detention of the petitioner is not warranted.

Accordingly, 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.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.