Vinu K.V vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.1047/2021 of Njarakkal Police Station, Ernakulam District alleging commission of offences under Section 354 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner had been persistently disturbing the victim who was his neighbour (aged 14 years) and during the month of May 2021 when the victim along with her family members and the accused along with other residents of that locality were shifted to a temporary accommodation arranged at a community hall (owing to the flood situations) the accused, on 20-05-2021 hugged the victim and outraged her modesty by catching hold of her private parts. It is also alleged that when the father of the victim questioned the the petitioner, the accused manhandled him.

The learned counsel for the petitioner would submit that the allegations are totally false. It is submitted that the petitioner has not committed the offence as alleged. He has been falsely implicated in the matter. Learned counsel for the petitioner with reference to Annexure-V would submit that the petitioner suffered a serious motor accident and he is not in position to walk properly even today.

The learned Public Prosecutor on instructions would submit that the allegations against the petitioner are quite serious and that there is also an allegation that the petitioner had even attacked the person who he talked on friendly terms with victim girl. It is submitted that the petitioner has been continuously harassing the victim girl and on 20-05-2021 he had assaulted her in the manner indicated above. It is also submitted that the discharge summary produced as Annexure-V was in respect of his treatment from 23-02-2020 to 05-03-2020 and that therefore cannot be taken into account for considering whether he is entitled to anticipatory bail.

Having regard to the facts and circumstances of the case and taking note of the fact that custodial interrogation of the petitioner may not be necessary for the purpose of investigation into the matter, I am of the view that the petitioner can be granted anticipatory bail subject to conditions to ensure that the petitioner does not interfere with the investigation in any manner.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.1047/2021 of Njarakkal Police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the Investigating officer in Crime No.1047/2021 of Njarakkal Police Station as and when summoned to do so;

(iii) Petitioner shall not attempt to contact the victim girl or interfere with the investigation or to influence or intimidate any witness in Crime No.1047/2021 of Njarakkal Police Station;

(iv) The petitioner shall not enter the local limits of the Njarakkal Police Station except to comply with condition No.(ii) above, until further orders;

(v) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1047/2021 of Njarakkal Police Station may file an application before the jurisdictional Court for cancellation of bail.