Shamith K vs State Of Kerala

M.R.Anitha, J

This application is filed under section 439 of Cr.P.C.

Petitioner is the sole accused in Crime No. 1096/2021 of Kannur Town Police Station, for the offences punishable under Sections 354, 354A, 354B, 354(D)(1), 448, 427 and 506(1) of IPC and under Sections 8 r/w 7, 11(iv), 11(v) and 12 of Protection of Children from Sexual Offences Act.

It is alleged that one day in the month of April 2021, at 22.00 hrs, the petitioner trespassed into the house of the defacto complainant, intimidated her and sexually assaulted her by holding at her chest and kissing her. When she protested, her nude photograph was taken in the Mobile Phone. Thereafter, on a subsequent day also on 13.07.2021 at about 1 a.m., he broke down the window pane glass of the defacto complainant's bedroom and on hearing the sound, he ran away. According to the learned counsel for the petitioner, he has been arrested on 13.07.2021 and thereafter he has been under confinement. He is only 21 years old. Hence, he seeks for granting bail to the petitioner.

The learned Public Prosecutor has produced copy of the FIR and FIS and also a report of the Station House Officer concerned. In the report filed by the Station House Officer, it has been stated that the investigation is almost over and if bail is granted to the accused, there is possibility of the accused influencing the witnesses and threatening them and causing obstructions for further investigation. Hence, he prays for dismissal of the application. The learned Public Prosecutor also contends that one day accused threatened to douse the victim with kerosene and set her ablaz when the victim refused to open the door.  So, in the said circumstances the learned Public Prosecutor vehemently opposed in considering the Bail Application.

The learned counsel for the petitioner contended that the petitioner is now affected with Covid-19, which was developed to pneumonia and is willing to abide by any condition imposed by the Court. No other crimes are pending against him. He is also 21 years of old. Hence, in the facts and circumstances, I am of the view that bail can be granted to the petitioner on stringent conditions.

(i) The petitioner shall be released on bail on his executing 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 SHO concerned for interrogation on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier.

(iii) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week for his release on bail.

(iv) 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.

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

(vi) The petitioner shall not enter the Village where the victim girl resides, except for the compliance of Condition No.2 if the Police Station is in the same Village.

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