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Judgment
10 paragraphs · 446 wordsM.R.Anitha, J
The petitioner is the sole accused in Crime No.1339/2021 of Poojappura Police Station, Thiruvananthapuram District, registered alleging the offences punishable under Section 8 r/w 7 of POCSO Act.
It is alleged that on 30.7.2021 at about 03.30 p.m. the victim girl, aged 15 years came to the house of the petitioner to take her younger sister who had been watching T.V. in the house of the accused. While returning from the house the accused pushed on the left shoulder and when she turned, the accused pressed on her breast. Thereby, accused committed the offence aforementioned.
The learned counsel for the accused would contend that this is a falsely foisted case and Annexure A2 crime has been registered at the instance of his brother against one Saji. He would contend that Saji is a relative of the present victim. However, there is no material at present, to come to a conclusion in connection with that crime.
The learned Public Prosecutor also produced the copy of the report of Sub Inspector of Police, Poojappura Police Station and also the FIR and FIS. In the FIS a detailed narration of the incident has been given by the victim girl. However, he has been under confinement from 01.8.2021 onwards. Continued confinement is not seem necessary. The learned Public Prosecutor also submit that no other crime is pending against the petitioner. So taking into account the nature of the allegation and the period of confinement already undergone by the petitioner. I am of the view that the bail application filed by the petitioner can be considered on the following stringent conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.35,000/- (Rupees Seventy Five Thousand 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 SHO concerned for interrogation once in a week between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier. He shall not enter into the Panchayath where the victim resides
(iii) 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.
(iv) 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.