Shyju vs State Of Kerala

Application for regular bail.

The petitioner is the accused in Crime No.7 of 2021 of Koratty Police Station registered for the offences punishable under Sections 354(A)(i) of the

Indian Penal Code and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act.

The petitioner has been in custody since 03.01.2021.

The prosecution allegation is that this petitioner, who was having acquaintance with the mother of the defacto complainant committed sexual assault

on her in the month of April 2015 and thereby he committed the aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that he has been falsely implicated in this case at the instigation of the victim's mother's sister,

who is on inimical terms with the petitioner. The victim was aged only 9 years at the time of alleged incident but she has disclosed about the alleged

offence committed by this petitioner after a pretty long period of 5 years. That itself shows that he has been falsely implicated in the case, but he is

undergoing incarceration right from 03.01.2021.

The learned Public Prosecutor has opposed this application submitting that infact a case has been registered against another accused as Crime

No.37 of 2020 for having sexually assaulted the victim. When her statement was taken by the investigating agency, she disclosed about the previous

incident in which she was subjected to harassment by the petitioner and that is the reason for delay in registering the crime against this petitioner.

It is revealed from the records that the victim has narrated the incident in which she was sexually assaulted by this petitioner after a long delay of

five years. Still the circumstances involved in the case would show that she got the opportunity to raise complaint against the petitioner when another

crime was registered against another accused for having sexually assaulted her. So she has satisfactorily explained the reason for the delay in lodging

the complaint against this petitioner. No doubt the gravity of the offence alleged against this petitioner is grave and serious in nature but it is revealed

from the records that the investigation of the case is almost complete.

Having regard to the nature of the accusation levelled against this petitioner, the duration of the detention undergone by this petitioner in judicial

custody, the present stage of the investigation and the other facts and circumstances involved in this case, I am inclined 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.1,00,000/- (Rupees One lakh only) with two solvent sureties for the

like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall be available before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He 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) He shall not commit any offence while on bail.

(v) He shall not enter into the jurisdiction of Koratty Police station where the victim is residing.

(vi) He shall not try to contact the mother of the defacto complainant or the victim till the investigation is over.

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