Sathyan vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No. 133 of 2022 of Aroor Police Station, Alappuzha District, alleging commission of offences under Section 354 of the Indian Penal Code and Section 10 r/w Section 9(m), Section 7 r/w Section 8 of the Protection of Children from the Sexual Offences Act.

The allegation against the petitioner is that the petitioner sexually assaulted the minor victim by patting her on her left shoulder while she was playing and thereafter, pressed her on her chest thrice and thereby, he committed the offences under the aforesaid provisions of law.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the child had fallen down on the road and the petitioner had only rushed to help her and he had only rubbed away the mud and dust on her dress and that he never intended to sexually abuse her. It is further submitted that the petitioner has no criminal antecedents and that his continued detention is not necessary for the purpose of any investigation. It is also submitted that the petitioner has been in custody for 36 days as on date.

The learned Public Prosecutor vehemently opposes grant of bail. It is pointed out that as per the statement of the victim, there are clear allegations against the petitioner. The story now put forward on behalf of the petitioner is absolutely untrue going by the statement of the victim, is the submission of the learned Public Prosecutor.

Having regard to the facts and circumstances of the case and taking into account of the nature of allegations against the petitioner, I am of the view that the petitioner can be granted bail, subject to conditions, especially, on account of the fact that his continued detention is not necessary for the purpose of any investigation. I also take note of the fact that the petitioner has been in custody for 36 days.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 133 of 2022 of Aroor Police Station, Alappuzha District, whenever called upon to do so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No. 133 of 2022 of Aroor Police Station, Alappuzha District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 133 of 2022 of Aroor Police Station, Alappuzha District, may file an application before the jurisdictional court for cancellation of bail.