Shameer V. vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.417/2022 of Changaramkulam Police Station, Malappuram District alleging offences under Sections 354(A)(1), 452, 506, 509 of the Indian Penal Code, 1860 and Section 10 r/w Section 9(1) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, while the victim was studying in the 10th standard, the accused trespassed into her house and caught hold of her breast and kissed her and again on 16.07.2022, he outraged her modesty by using obscene words and threatened her and thereby committed the offences alleged.

Sri.Anil K.Muhamed, the learned counsel for the petitioner contended that petitioner is innocent of the allegations and no offence is made out, even going by her own statement.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that even though the petitioner was arrested on 17.07.2022, continued detention of the petitioner is essential.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to custody on 17.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not enter into the jurisdictional limits of Changaramkulam Police Station until conclusion of trial.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.