Sachin S vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed by accused No.1 in Crime No.95 of 2024 of Punalur Police Station, Kollam, registered under Sections 8, 7, 12 and 11(iv) of the Protection of Children from Sexual Offences Act(Amended), 2012, 2019, and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

The prosecution allegation is that, on 12.01.2024, while the defacto complainant was going home after alighting from a bus, the petitioner followed her and caught hold on her hip from behind.

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, the petitioner is an 18 year old boy, and he was having an affair with the defacto complainant. Since her mother did not like their relationship, under her instigation, a false complaint has filed against him.

On going through the statement of the victim girl also, it could be seen that, she got acquainted with the petitioner through instagram, and they were having good friendship. But subsequently, when she refused to continue that relationship, the petitioner threatened her and on 12.01.2024, he followed her and caught hold on her hip from behind.

Considering the age of the petitioner, and also considering the fact that the petitioner and the defacto complainant were having friendship through instagram, this Court is inclined to release him on anticipatory bail but, on condition that he shall not cause any kind of harassment to the defacto complainant or her family members.

In the result, the bail application is allowed on the following terms;

(i) The petitioner shall surrender before the Investigating Officer on or before 14.02.2024, and subject himself for interrogation.

(ii) In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties (atleast one of the sureties shall be his parent), each for the like sum to the satisfaction of the arresting officer.

(iii) The petitioner shall appear before the investigating officer as and when directed.

(iv) The petitioner shall not contact the defacto complainant, or cause any kind of harassment to her or her family members, either directly or indirectly.

(v) The petitioner shall not enter the place called Maniyar where, the defacto complainant is living with her family.

(vi) The petitioner shall not commit any offence while on bail.

(vii) In case of violation of any of these conditions, the investigating officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.