Shameer vs State Of Kerala

P.G.Ajithkumar, J

This is an application for bail filed under Section 439 of the Code of Criminal Procedure, 1973.

The petitioner is the accused in Crime No.126 of 2024 of Poojappura Police Station. He allegedly had committed the offences punishable under Sections 354 A(1)(i), 354 D(1)(i) and 506 of the Indian Penal Code, 1860 and Sections 8 r/w 7, 10r/w 9(1), 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The case of the prosecution is as follows: the victim is a minor girl aged 14 years. She was studying in 10th standard. She used to attend tution classes at Smt.Ancy’s house. The petitioner is a friend of Smt.Ancy. He frequently visits her house. While so, one day, he sexually assaulted the victim by pressing her breast. Once the victim fainted and had to be taken to the hospital. During that time also the petitioner had sexually assaulted the victim.

The petitioner would contend that he did not involve in the alleged crime and without any material or evidence, he has been implicated in the crime. He is innocent. The investigation in the matter has been progressed considerably and there is no reason or justification for his further detention.

The learned Public Prosecutor would submit that, considering the nature of the offences, the petitioner is not entitled to be released on bail. It is submitted that final report is already filed and the matter is now pending trial. It is further submitted that, the petitioner has been involved in two other cases of similar nature and therefore, it is not desirable to grant bail.

The petitioner was arrested on 26.01.2024. He was in custody since the said date.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, and considering the nature and gravity of the offence, further detention of the petitioner is unnecessary. I am therefore of the view that the petitioner is entitled to be released on bail.

In the result, the bail application is allowed and the petitioner is granted bail on his executing a bond for Rs.50,000/- (Rupees fifty thousand only), with two solvent sureties for the like amount each, to the satisfaction of the trial court, subject to the following conditions:

(i) He shall not influence or intimidate witnesses or tamper with evidence;

(ii) He shall appear before the investigating officer as and when called for; and

(iii) During the bail period, he shall not get involved in any offence.

In case of breach of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.