Xxx vs State Of Kerala

This is an application filed for regular bail under Section 439 of Cr.P.C.

Petitioner is the accused in Crime No.431/2021 of Nedumangad Police Station. Offences alleged against him are under Section 354 of IPC read

with Section 10 read with 9(I)(m) (n), 12 read with 11(iv) of POCSO Act and Section 75 of the Juvenile Justice Act.

Allegation against the petitioner is that, accused followed the minor victim with sexual intent and committed sexual assault on her while she was

alone at her Mother’s house at Nedumangad by pressing on her private parts and thereby sleeping with her. The petitioner was arrested on

09.02.2021 and is in custody since then.

Heard both the sides and perused the records. It is reported that even though the statutory period is over no final report has been submitted by the

police. In the above circumstances, the petitioner is entitled to grant statutory bail as contemplated under Section 167 of the Cr.P.C. Accordingly,

petitioner is allowed with the following conditions:

In the result, the application is allowed on the following conditions:-

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

each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

However, it is made clear that, this requirement shall stand suspended during the period of lock down declared by the Government or any other

competent authorities in this regard.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

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

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try

to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.