Sundaran H 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.533 of 2022 of Bekkal Police Station, Kasaragod registered for the offences punishable under Section 354 of the Indian Penal Code, 1860 and also under Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, in October 2018 when the survivor visited the house of the accused, he hugged and kissed her forehead, and touched her breasts with sexual intent and thereby committed the offences alleged.

Smt.S.Jiji, the learned counsel for the petitioner, submitted that the accused having been arrested on 20.07.2022 and considering the nature of allegations, the continued detention of the petitioner may not be warranted.It  was  also  submitted  that  the  entire prosecution allegations are false and that the incident as alleged had never occurred.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the prosecution allegations are serious in nature and that custodial interrogation of the petitioner is necessary. It was further submitted that the final report was filed on 05.08.2022.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 20.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on 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 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.