Shajahan @ Shaji vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1083 of 2021 of Kayamkulam Police Station, Alappuzha District, alleging commission of offences under Sections 370(4), 370A(1), 363 and 377 of the Indian Penal Code and Section 4(2) read with Section 3(a), Section 6 read with Section 5(l)(m) (p), Section 10 read with Section 9(m)(p) and Section 12 read with Section 11(ii)(iv) of the POCSO Act and Section 84 of the Juvenile Justice (Care and Protection of Children) Act and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The allegation against the petitioner is that the petitioner sexually assaulted the victim boy and forced the victim boy (who is the son of his neighbour) to engage in unnatural sex with the petitioner. It is alleged that the victim boy is only 8 years old.

Submit The that learned counsel for the petitioner has the been petitioner in custody would from 18.11.2021 and has completed 98 days in custody as on date. It is submitted that the medical examination report of the victim boy does not suggest any form of unnatural sex. It is submitted that the allegations were raised only on account of financial disputes between the petitioner and the father of the victim boy. It is submitted that the petitioner and the father of the victim boy were land brokers and there occurred a dispute between the petitioner and the father of the victim, where it was alleged that on account of some act of the petitioner, the father of the victim had lost a sum of Rs.1 lakh. It is submitted that the allegations are cooked up and raised only on account of the aforesaid issue between the petitioner and the father of the victim. It is submitted that no antecedents are reported against the petitioner and the petitioner has never been involved in any case of similar nature. It is submitted that following investigation, a final report has been filed and the continued detention is not necessary for the purpose of any investigation.

Heard the learned Public Prosecutor also. The learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that a statement has been recorded from the victim boy, in which there are clear statements which indicate that the petitioner had sexually abused the victim boy. It is submitted that the allegations against the petitioner are serious and he is not entitled to be released on bail. It is also pointed out that since the petitioner and the victim are stated to be neighbours, there is every chance that the victim may be intimidated if the petitioner is granted bail.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner and considering the fact that the petitioner has been in custody for 98 days, I am of the view that the petitioner can be granted bail subject to conditions. The apprehension that the victim may be intimidated can be taken care of by imposing conditions.

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

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

(2) Petitioner shall report before the investigating officer in Crime No.1083 of 2021 of Kayamkulam Police Station, Alappuzha District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not enter the local limits of Kayamkulam Police Station except for the purpose of complying with condition No.(2) above, until further orders;

(4) The petitioner shall not influence or intimidate the victim or any witness in Crime No.1083 of 2021 of Kayamkulam Police Station, Alappuzha District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1083 of 2021 of Kayamkulam Police Station, Alappuzha District, may file an application before the Jurisdictional Court for cancellation of bail.