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Judgment
13 paragraphs · 344 wordsM.R.Anitha, J
Petitioner is the sole accused in Crime No.427/2021 of Payyannur Police Station, Kannur District.
The petitioner was arrested on 04.08.2021. It is alleged that in May 2021 while the defacto complainant, 16 year old boy was travelling on the pillion of the motor cycle rided by the petitioner and reached at Panachira, he touched his penis and the same was repeated two-three times and thereby accused committed the offence punishable under Section 7 r/w 8 and Section 9(1) r/w 10 of the POCSO Act.
The Sub Inspector of police, Payyannur has filed a report. Heard both sides.
Heard the learned Public Prosecutor. The main contention of the learned Public Prosecutor is that the victim has been living with his grand mother and there is possibility of threatening the victim if the petitioner is released and hence she opposes grant of bail. However, the petitioner has been arrested on 04.08.2021. Thereafter, he has been remanded. The learned Public Prosecutor also submitted that he is not involved in any other crime.
In the facts and circumstances, I do not think that continued confinement of the petitioner is necessary. Hence, the petitioner can be released on bail on the following conditions:-
I) The petitioner shall execute bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;
ii) The petitioner shall not enter the Panchayath where the de-facto complainant and her family resides.
Iii) The petitioner shall not involve in any crime during the period on bail;
iv) The petitioner shall appear before the S.H.O. concerned once in a week on every Monday between 10-11 a.m. for a period of three months or until final report is filed which ever is earlier.
vi) The petitioner shall surrender his passport if any, before the investigating officer.
Vii) If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.