Shajahan vs State Of Kerala

Shircy V, J

Application for regular bail is fled by the petitioner, who is the accused in Crime No.1162/2021 of the Palakkad Town South Police Station

registered for the offences punishable under Sections 354D(I), 506(i), 509 of the Indian Penal Code and Section 120(O) of the Kerala Police Act and

Section 12 r/w 11(v) of Protection of Children from Sexual Offences Act.

The petitioner has been in custody since 08.07.2021.

The prosecution allegation is that the petitioner, who is having a friendly relationship with the defacto complainant, from the month of February 2021

followed her through out and contacted her through social media. Though she opposed the same by clear indication he continued, the same and also

threatened her that he will not allow her to live peacefully. Later, he has also changed his status in the Instagram by creating a fake account without

her knowledge and consent and repeatedly and constantly followed her and thereby harassed her sexually and committed the aforesaid offences.

The learned counsel for the petitioner has submitted that he has not committed any offence as alleged by the prosecution. Actually, he was in love

with the girl, but the relationship was not appreciated by her parents and so they have falsely implicated him in this case in order to put him behind bars

charged with very serious offences. He hails from a poor family, aged only 24 years and he never committed any of the offences as alleged by the

prosecution. But he is languishing in jail for the last two months.

The learned Public Prosecutor on instructions submitted that the investigation of the case is going on and some more time is required for submitting

the final report.

The petitioner is aged only 24 years having no criminal antecedents. As revealed from the records he is the sole bread winner of the family as his

father is completely laid up due to paralysis. Now the investigation of the case has progressed considerably and that be so further detention of this

petitioner may not be required for the the investigating agency to submit the final report in the case after completion of the investigation. Considering

the pathetic condition of this petitioner's family as well the gravity of the offences alleged, I am inclined to release him on bail subject to the following

conditions:

 (i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand 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 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.

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

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