High CourtsSingle Bench

Satheeshan vs State Of Kerala

High Court Of Kerala · Decided on 29 March 2021 · Citation: (2021) 03 KL CK 0332

HON’BLE JUDGES
Shircy V, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354, 354(A)(1)(i) · Protection Of Children From Sexual Offences Act, 2012 — Section 7, 8
RESULT
Allowed
CASE NUMBER
Bail Application No. 2507 Of 2021
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Judgment

14 paragraphs · 366 words
1.

Application for regular bail.

2.

Petitioner is the accused in Crime No. 5 of 2021 of Pulinkunnu Police Station registered for the offences punishable under Sections 354 and 354(A)(1)(i) of the Indian Penal Code and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act.

3.

The petitioner has been in custody since 04.01.2021.

4.

The prosecution allegation is that on 01.01.2021 at about 11.30 a.m. while the victim, a minor child aged only 12 years, was standing in front of the house of one Nisha, this petitioner came there and caught hold of her and sexually abused her by touching on her body and thereby committed the aforesaid offences.

5.

According to the learned counsel for the petitioner, he is totally innocent.

6.

The learned Public Prosecutor has submitted that the investigation of the case is over and final report has been submitted on 14.02.2021.

7.

Of course the gravity of the offences alleged against this petitioner are grave and serious in nature. But now investigation is over and charge sheet has been filed before the court concerned on 14.02.2021. Therefore, I think that this petitioner can be released on bail.

This application is allowed subject to the following conditions:

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

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not meet the victim child or intimidate her or try to influence her in any way.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.