Stenil Sebastian 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 sole accused in Crime No.976/2022 of Kuruppanpadi Police Station, Ernakulam District. The offences alleged against the petitioner is under Section 509 of the Indian Penal Code. 1860 and Section 12 and 11(i) of the Protection of Children from Sexual Offences, Act, 2012.

According to the prosecution, on 13.10.2022 at about 4.45 pm, the accused after standing on the side of the road exhibited his private organ to the victims, who were passing by and thereby committed the offences alleged.

Sri.Ajmal.V.A., learned Counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 22.11.2022 and has been in custody since then. It was further submitted that the final report has already been filed on 27.12.2022 and therefore, petitioner ought to be released on bail.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that if he is released on bail, there is every chance that he may influence the witnesses.

I have considered the rival contentions.

Petitioner was arrested on 22.11.2022 and the final report has been filed on 27.12.2022. Having regard to the nature of allegations, I am of the view that further detention is not essential. Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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 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.