Unnikrishnan vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No. 691 of 2022 of Nedupuzha Police Station, Thrissur District. The offences alleged against the petitioner are punishable under Sections 354D and 509 of the Indian Penal Code,1860 apart from Section 12 r/w Section 11(i)(iv) of the Protection of Children from Sexual Offences Act, 2012 and Section 3(1) (w)(ii), and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

According to the prosecution on several dates during a period of four months, the accused sexually harassed the victim girl aged 13, by exhibiting his genital organ, and on 31-07-2022 also, he repeated the said act and thereby committed the offences alleged.

Smt. Lira A.B., the learned counsel for the petitioner contended that the prosecution case is false and that incident as alleged had not occurred. It was further submitted that petitioner was arrested on 12-11-2022 and has been in custody since then and that as the final report has already been submitted no purpose would be achieved by continuing the detention.

Sri.C.K.Radhakrishnan, the learned counsel for the defacto complainant vehemently opposed the grant of bail and contended that the petitioner has threatened the victim and her parents that as and when he is released on bail he shall snuff out her life and that even though a complaint was filed to that effect, the police has not taken any action.

Sri.Noushad K.A, the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail there is every chance of him influencing the witnesses.

I have considered the rival contentions.

Having regard to the apprehensions expressed by the counsel for the defacto complainant, I am of the view that sufficient conditions can be imposed to allay the said fears. Taking into consideration, the fact that final report was filed as early as on 18-11-2022 and the petitioner has been in custody form 12-11-2022, I am of the view that further detention is not essential.

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.

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.