Venugopalan. A.M. 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 accused in Crime No.839 of 2022 of Medical College Police Station, Kozhikode District. The offences alleged against the petitioner are punishable under Section 354A(1)(i) of the Indian Penal Code, 1860 apart from Sections 7, 8, 9(l)(m) and 10 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused who is an Auto-Rikshaw driver groped the victim aged 9 years while making them sit on his side during the ride and thereby committed the offences alleged.

Sri. Sunil Kumar, the learned counsel for the petitioner contended that the allegations are falsely foisted against him and that he used to scold the children which is being misinterpreted to raise false allegations against him. It was further submitted that he was arrested on 19-10-2022 and has been in custody since then and that further detention ought not to be permitted.

Smt. M.K.Pushpalatha, the learned Public Persecutor opposed the grant of bail and contended that the petitioner is alleged to have committed a serious crime and that if petitioner is released on bail he may intimidate the witnesses.

I have considered the rival contentions and have also gone through the statements. Having regard to the nature allegations, I am of the view that even though the same are serious in nature considering the period of an incident is under gone and the nature of contentions raised, 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 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.