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 accused in Crime No.348 of 2022 of Elathur Police Station, which is now pending as S.C. No.706 of 2022 on the files of the Fast Track Special Court, Koyilandy, alleging offences under sections 5(l), (m), (n) r/w section 6, section 3(b) r/w section 4 and 15 of the Protection of Children from Sexual Offences Act, 2012 and sections 506(1), 376(1),(2) and 376AB of the Indian Penal Code, 1860.

According to the prosecution, the petitioner, who is the maternal uncle of the victim's father, committed penetrative sexual assault on her from the time she was studying in third standard and on 13.04.2022, when she was 13 years old, the accused is alleged to have committed penetrative sexual assault on the victim.

Sri.Jayaraj Nambiar, learned counsel for the petitioner submitted that the entire allegations are false and that the incident as alleged had not occurred. It was further pointed out that the allegations have been raised at the instigation of some others due to enmity and that petitioner is totally innocent of the allegations.

Sri.K.A.Noushad, the learned Public Prosecutor opposed the grant of bail and contended that though final report has been filed since the petitioner is alleged to have committed a heinous offence, bail ought not to be granted considering their close relationship.

I have perused the case diary and have gone through the statement of the victim filed under sections 162 and 164 of Cr.P.C. Having regard to the circumstances of the case and also considering the fact that petitioner was arrested on 13.06.2022 and that the final report has already been filed, I am of the view that the continued detention of the petitioner would not serve any purpose. In view of the above, the petitioner is entitled to be released on bail.

Accordingly, this bail application is allowed on the following conditions:

(i) 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.

(ii) Petitioner shall co-operate with the trial of the case.

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

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

(v) Petitioner  shall  not  leave  the  country  without  the permission of the jurisdictional court.

(vi) Petitioner shall not enter into the jurisdictional limits of Elathur Police Station until conclusion of the trial and shall surrender his passport, if any, to the said court or file an affidavit to that effect, if he is not in possession of a passport.

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.