Soul Vijay 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.227/2022 of Ramamangalam Police Station alleging offences under Sections 195-A, 294(b), 354, 354-A(ii), 354-D, 506 of the Indian Penal Code, 1860 and Sections 7, 8, 9(i), 10, 11(iv) and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 15.12.2021, the accused hugged and kissed on the cheeks of the victim in a public road and again on 24.02.2022, while the victim was travelling on a bus, the accused abused her using obscene words and also threatened her, and thereby committed the offences alleged.

Sri.Ajith George, the learned counsel for the petitioner contended that the entire prosecution case is false and the same has been alleged only for the purpose of cancelling a bail that was granted to the petitioner in Crime No.1168/2021 of Koothattukulam Police station. It was further submitted that in any event, since the petitioner was arrested on 16.05.2022, the continued detention may not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contented that the allegations against the petitioner are serious in nature and that the offence now alleged is the second crime committed by the petitioner, that too on the very same victim.

I have considered the rival contentions. Petitioner was arrested on 16.05.2022 and the final report has already been filed on 01.06.2022. Having regard to the above circumstances, I am of the view that the continued detention of the petitioner is not necessary. Accordingly, I am inclined to allow this application 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.