XXX vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.198/2022 of Chandera Police Station, Kasaragod District. The offences alleged against the petitioner are under Sections 354(A)(1),451,506 of the Indian Penal Code, 1860 and u/s 9(m) and 10 of the Protection of Children From Sexual Offences Act,2012.

According to the prosecution, on 05.02.2022, the accused tresspassed into the house of the victim with sexual intent and caught hold of her hand and pressed on her breast and thereby committed the offences alleged.

Smt.Hemalatha, learned Counsel for the petitioner submitted that the petitioner is absolutely innocent in the matter and that he is falsely implicated in the crime.

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that releasing the petitioner at this stage would cause prejudice to the investigation.

Having regard to the circumstances of the case, and the detention of the petitioner from 14.07.2022 onwards I am of the view that the continued detention of the petitioner is not required. Accordingly, I allow this application with the following conditions:

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not enter into the jurisdictional limits of the Chandera Police Station, Kasaragod District till the conclusion of the investigation.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.