V.V.Cristapher vs State Of Kerala

Shircy V, J

The petitioner, who is the accused in Crime No. 305 of 2021 registered by Ambalapuzha police for the offences punishable under Section 354 of

Indian Penal Code and Section 9(m) read with Section 10 of the Protection of Children from Sexual Offences Act, has filed this application seeking

his release on bail under Section 439 of the Code of Criminal Procedure.

The allegation against this petitioner is that on 03.4.2021 at about 10 a.m. the petitioner had committed sexual assault on a minor child who is

residing nearby and committed the aforesaid offences.

The petitioner has been undergoing incarceration right from 17.04.2021.

According to the learned counsel for the petitioner, the father of the victim was entertaining enmity towards this petitioner and that was the only

reason to implicate him in a false case. In fact, the petitioner is also having minor children and the victim used to visit his house and play along with his

children. He never committed any offence as alleged by the prosecution. But he is undergoing incarceration on a false complaint lodged by the father

of the victim to wreck vengeance upon him.

The learned Public Prosecutor would submit that the investigation of the case has progressed considerably and in fact it is almost over. But as the

victim girl is residing near to the residence of the petitioner, some stringent conditions have to be imposed while granting bail to him is the submission

of the learned Public Prosecutor.

Considering the entire facts involved in this case especially the period of incarceration undergone by him in judicial custody, the present stage of

investigation as well the nature of the accusation levelled against him, I am inclined to release him on bail subject to the following conditions:

Therefore, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two

solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not intimidate or threaten the victim or her family members. He shall not visit her house or entertain her at his residence till the investigation is

over.

(iv) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the

law.