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Judgment
14 paragraphs · 364 wordsBechu 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. 682/2022 of the Kilimanoor Police Station, Thiruvananthapuram District.. The offences alleged against the petitioner are under Sections 366 and 354 A(1)(i) of the Indian Penal Code, 1860 and Section 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012
According to the prosecution, petitioner kidnapped the minor victim, aged 15 years and took her to a nearby property and kissed her after hugging and thereby committed the offences alleged.
Sri.C.C.Anoop, learned Counsel for the petitioner submitted that the entire prosecution allegations are false and the incident as alleged had never occurred.
Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that though the petitioner was arrested on 27.07.2022, releasing the petitioner on bail would cause prejudice to the investigation.
On a consideration of the circumstances arising in the case, though I am of the view that the allegations are serious in nature, further detention of the petitioner is not required. In view of the above, the petitioner is entitled to be released on pre arrest bail.
In the result, this application is allowed 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 appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.
(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.