Sivan vs State Of Kerala

Application for regular bail.

The petitioner, who is the accused in Crime No. 1564 of 2020 of Kodakara Police Station registered for the offences punishable under Sections 451, 354, 354A(1)(i), 354A(2) of the Indian Penal Code and Section 7 read with Sections 8 and 10 read with Sections 9(i), 9(m), 9(n) and 9(p) of the Protection of Children from Sexual Offences Act, has filed this application for his release on bail.

The petitioner has been in custody since 14.01.2021.

The prosecution case is as follows:

The victim is a minor girl aged only 11 years. On 09.12.2020, at about 10.30 a.m. while she was watching TV at her uncle's house at Kodakara, the petitioner trespassed into the house and assaulted her sexually and thereby committed the aforesaid offences.

The learned counsel for the petitioner submits that he is totally innocent of the allegations levelled against him. But he is undergoing unnecessary incarceration for the last two months.

But on the other hand, the learned Public Prosecutor has submitted that very serious allegations have been raised against this petitioner who is aged 50 years. The minor child involved in this case is aged only 11 years. But it is also submitted that investigation of the case is almost complete.

Considering the fact that the investigation of the case is practically over, I think that further detention of this petitioner may not be necessary for the investigating agency to file the final report. Therefore, I am inclined to allow this petition.

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. He shall co-operate with the investigation of the case.

(iii) The petitioner shall not enter into the jurisdictional limits of Kodakara Police Station for a period of three months except for interrogation.

(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.

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