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Judgment
This petition is filed under Section 439 of the Cr.P.C.
The petitioner is the sole accused in Crime No.1312 of 2017 of the Vithura Police Station, registered under Sections 376(i)(n) and 377 of the Indian Penal Code as well as Section 3 r/w.4 and 5 (l), (m), (n), (p) r/w. Section 6 of the Protection of Children from Sexual Offences Act, 2012.
The victim in the instant case is a minor girl aged 8 years. It is alleged that the petitioner, who is said to be the uncle of the victim, committed penetrative sexual assault and carnal intercourse against the order of nature on the victim on repeated occasions at her house between 02.08.2017 and 12.11.2017.
The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 14.12.2017 and was later remanded to judicial custody. 90 days have elapsed from the date of remand and the final report has not been laid before the jurisdictional court. It is contended that the right to be enlarged on statutory bail is indefeasable. The petitioner is prepared to offer bail and prays for issuance of appropriate orders.
Heard the learned Public Prosecutor as well and have gone through the case diary.
It appears that more than 90 days have elapsed from the date of remand of the petitioner. The final report has not been filed till date. Section 167 (2)(a)(i) of Cr.P.C. would squarely apply and the petitioner herein is entitled to default bail.
In the result, this petition will stand allowed. The petitioner shall be released on bail on his 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. The above order shall be subject to the following conditions.
a) The petitioner shall appear before the Investigating Officer on all Saturdays between 9 AM and 11 AM, for 2 months or till final report is filed, whichever is earlier.
b) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any attempt to contact the victim or her family members.
c) The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.
d) The petitioner shall not commit any offence while 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.