Ramesh Kumar.C.V vs State Of Kerala

Ziyad Rahman, A.A, J

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

The petitioner is the accused in Crime No. 828/2023 of Adoor Police Station. The offences alleged against the petitioner are punishable under Sections 363 and 354 of the Indian Penal Code and Sections 7 and 8 of the POCSO Act and also Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015

The prosecution case is that, on 24.06.2023, at about 11 a.m, the survivor, a girl aged 17 years, came to a place called Pazhamkulam as directed by the petitioner and on the pretext of taking the victim for enrolling for a course in Radiology near Vijaya Hospital, Kottarakkara took the victim in his car to Pandalam Changeth Hospital parking area and thereafter touched on her breast in inappropriate way. The crime was registered in such circumstances and as part of the investigation, the petitioner was arrested on 28.06.2023. Since then, he has been under judicial detention.

Heard, Sri. Suman Chakravarthy, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Public Prosecutor, appearing for the State.

I have carefully gone through the records. It is discernible that, earlier application submitted by the petitioner was dismissed on Annexure A1. From the materials produced, it is seen that there are specific allegations against the petitioner. However, it is a fact that, the petitioner has been in judicial custody since 28.06.2023. The petitioner has no criminal antecedents and here is substantial progress in the investigation as well.

In such circumstances, taking note of the period of incarceration the petitioner had undergone, and the stage of investigation, I am inclined to grant bail to the petitioner. Accordingly, this application is allowed on the following conditions:-

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

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with law.