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.654/2022 of Pariyaram Medical College Police Station, Kannur. The offences alleged against the petitioner are under Sections 354D(1)(i) of the Indian Penal Code, 1860 and Section 11(IV) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 11.10.2022, the accused sent obscene messages from his mobile phone to the mobile phone of the victims’s mother and thereby sexually harassed her.

Sri.Pushparajan Kodoth, learned Counsel for the petitioner contended that the entire prosecution allegation are false and that the incident as alleged, had not occurred. It was further submitted that petitioner is a Physical Education Teacher and that he was arrested on 13.10.2022.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the allegations are serious and petitioner ought not to be released on bail.

Having regard to the period of detention already undergone by the petitioner, though the allegations are serious in nature, I am of the view that, the continued detention of the petitioner is not essential.

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

(a) Petitioner shall be released on bail on him executing 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 intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

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

(e) 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.