Salim vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.2635/2023 of Nedumangad Police Station, Thiruvananthapuram, registered under Section 377 of IPC and Sections 3(a), 4, 5, 5h, 5i, 5l and 6 of POCSO Act.

The prosecution allegation is that, on two occasions in April 2023, when the victim boy aged 13 years reached Sharaful Islam Madrasah at Puthanpalam, Nedumangad, for breaking Ramadan fasting, he was sexually assaulted by the petitioner inside the bathroom situated behind the Madrasah and on another occasion he was taken to a bushy land nearby and subjected to sexual harassment, and on both occasions, the petitioner committed the offence after making the boy unconscious.

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 alleged incident occurred in April 2023, but the complaint was lodged only in December 2023. Investigation is over and final report has been filed. He is in judicial custody from 17.12.2023 onwards. So his continued detention is not necessary.

Learned Public Prosecutor on instructions submitted that, investigation is over and final report has been filed. So as far as investigation is concerned, his custody may not be necessary. But considering the nature of the offence committed by the petitioner and the modus adopted by him for committing the offence is to be viewed seriously. If he is released on bail without securing the safety and security of the victim boy, it may vitiate the trial. Since final report is filed and the petitioner is in judicial custody from 17.12.2023 onwards, this Court is inclined to allow this application.

In such circumstances, this Court is inclined to allow this bail application on the following terms:

i. The petitioner shall be released on bail on cash deposit of Rs.25,000/- and on executing bond for Rs.1,00,000/-(Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the Trial Court.

ii. The petitioner shall not enter the limits of Nedumangad Police Station till the trial is over, except for the purpose of appearing before the police station, trial court, etc., as the case may be.

iii. The petitioner shall not try to contact the victim, and shall not cause any kind of harassment to her, either directly or indirectly.

iv. The petitioner shall not influence or intimidate the witnesses, or tamper with the evidence.

v. The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

vi. The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

vii. The petitioner shall not commit any offence while on bail.

viii. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.