Sareesh M.V vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.583/2022 of Ernakulam North Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 363, 376(2)(n) of the Indian Penal Code, 1860 and Section 4 r/w Section 3(a) Section 6, r/w Section 5(1), Section 10 r/w Section 9(1) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution allegation is that, petitioner committed aggravated penetrative sexual assault on the victim and thereby committed the offences alleged against him.

Sri.C.C.Anoop, learned Counsel for the petitioner submitted that entire case is falsely foisted against the petitioner and that he is totally innocent. According to the learned Counsel for the petitioner, even if the allegations are assumed to be correct, still it would only reveal that the victim ran away from her house and the petitioner gave a shelter to her.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the investigation is still continuing and if the petitioner is released on bail, there is every chance of the petitioner interfering with the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 10.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) 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.

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

(v) 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.