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.918 of 2022 of Medical College Police Station, Kozhikode District, registered for the offences punishable under Sections 354A(1)(i) of the Indian Penal Code, 1860 and also under Section 8 r/w Section 7, Section 10 r/w Section 9(f) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 23.09.2022 the accused, who was a tuition teacher, with sexual intent, hugged the victim girl and inserted his hands into her dress and thereby committed the offences alleged.

Smt.Amrutha, the learned counsel for the petitioner, submitted that the prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 10.11.2022 and he has been in custody since then and therefore, further detention ought not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious requiring continued detention and that if the petitioner is released on bail, there is every possibility of him influencing and intimidating the witnesses.

I have considered the rival contentions and have also perused the statement of the victim. The allegations against the petitioner are serious in nature and as a tuition teacher, he has committed a serious offence that too on a minor girl of 16 years. However, considering the period of detention already undergone and the circumstances arising in the case, I am of the view that 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 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 Medical College Police Station, Kozhikode District; until conclusion of the trial.

(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 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.