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Judgment
13 paragraphs · 377 wordsApplication for regular bail.
The petitioner, who is the sole accused in Crime No. 235 of 2021 of Pathanapuram Police Station registered for the offences punishable under Section 341 of Indian Penal Code and Sections 7, 8, 11(i) of Protection of Children from Sexual Offences Act, 2012, is before this court for his release on bail.
The petitioner has been in custody since 25.02.2021.
The prosecution allegation is that on 23.02.2021 at about 10.30 a.m. the petitioner wrongfully restrained a minor boy aged 15 years and sexually abused him in the public road and thereby committed the aforesaid offences.
The learned counsel for the petitioner has submitted that actually there was some scuffle between the petitioner and the victim boy, but he has not committed any act of sexual abuse on the victim boy as alleged by the prosecution. But he is behind bars for the last more than a month.
According to the learned Public Prosecutor, the investigation of the case has progressed considerably. The learned Public Prosecutor has also submitted that the petitioner has no criminal antecedents.
Having regard to the nature of the accusations levelled against the petitioner, the present stage of investigation and the other facts and circumstances involved in this case, especially the fact that he has no criminal antecedents, I am inclined to release him on bail.
Therefore, this application is allowed 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)The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) 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.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.