S.P. Saleem vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.537/2022 of Vidyanagar Police station, Kasargode. The offences alleged against the petitioner are under Sections 354A(1)(i) of the Indian Penal Code, 1860 and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012

According to the prosecution, on 13.06.2022 at about 16 hours, while the victim was travelling in an autorickshaw driven by the petitioner, the accused caught hold of her hand and pulled her towards him with sexual intent and thereby committed the offences alleged against him.

Sri.Jiji.S, learned Counsel for the petitioner submitted that the entire prosecution case is falsely foisted against the petitioner and that he is totally innocent.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the petitioner was attempting to commit a heinous crime on the victim and that due to the intervention of the locals, the same could be prevented. It was further submitted that, since the victim is a minor girl of 13 years, and the petitioner is 50 years, there is every chance that the petitioner may interfere/influence the witnesses or even intimidate them .

Considering the circumstances arising in this case and since the petitioner was remanded to judicial custody on 14.06.2022, I am of the view that the continued detention of the petitioner is not warranted. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members or further he shall not attempt to interact with the victim or her friends.

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

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.