Thoyib Farhan 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.973/2022 of Irinjalakuda Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 354(A)(1)(ii) of the Indian Penal Code, 1860 apart from Sections 7,8,9(f) and Section 9(m) r/w Section 10 of the Protection of Children from sexual Offences, Act, 2012.

According to the prosecution, during the month of August 2022, when the victim went to the washroom of a mosque, the accused followed her and committed sexual assault by pressing on her genital part and thereby committed the offences alleged.

Sri.A.Jithin Babu, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 07.09.2022 and has been in custody since then.

Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and contended that even though the final report was filed on 28.10.2022, releasing the petitioner on bail would cause prejudice and there would be possibility of him influencing the witnesses.

I have considered the rival contentions.

Petitioner claims to be a young boy of 22 years. Having regard to the period of detention already undergone and the filing of final report, I am of the view that the continued detention is not essential and the petitioner can be released on bail on conditions.

In the result, 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 enter into the jurisdictional limits of Irinjalakuda Police Station till the conclusion of trial.

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

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

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.