XXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.189 of 2022 of Pothanicad Police Station, Ernakulam District, registered for the offences punishable under Sections 376(2)(f) and 376AB of the Indian Penal Code, 1860 and also under Sections 4(2), 3(a), 5(n) and 9(m) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, in the year 2017 the accused committed penetrative sexual assault on the 9 year old victim and thereby committed the offences alleged.

Sri.Peeyus A.Kottam, the learned counsel for the petitioner, submitted that the entire prosecution allegations are false and that the complaint itself was filed after five years from the date of the alleged incident, which itself indicates the falsity of the prosecution case. He further submitted that, in any event, having regard to the date of arrest of the petitioner which was on 08.03.2022, the continued detention of the petitioner is not warranted especially since the final report was filed as early as on 09.04.2022.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that the prosecution allegations clearly bring out a serious offence and that releasing the petitioner on bail would cause prejudice to the prosecution case. It was further submitted that there is every possibility of the petitioner influencing and intimidating the victim and other witnesses.

I have gone through the statement of the victim. The offences alleged against the petitioner are serious in nature. However, considering the fact that the petitioner was arrested on 08.03.2022 and complaint has been filed after a lapse of five years, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on 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 co-operate with the trial of the case.

(c) Petitioner shall not enter into the jurisdictional limits of the Pothanicad Police Station until the conclusion of the trial.

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

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

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.