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 sole accused in Crime No.782 of 2022 of Guruvayoor Police Station registered for the offences punishable under Sections 354, 354B, 324, and 506 of the Indian Penal Code, 1860 apart from Sections 8, 7, 10, 9(l)(n) and 21(1) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act 2015.

The prosecution case is that, the accused, who is the stepfather of the victim, committed sexual assault on the victim by pressing on her breasts and thereby committed the offences alleged.

Sri.Sasith M.R., 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 the petitioner was arrested on 09.11.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that allegations are serious requiring continued detention and that considering the close relationship, there is every possibility of him influencing/intimidating the victim as well as the other witnesses.

I have considered the rival contentions and have perused the records.

Even though the allegations are serious in nature, considering the period of detention already undergone, I am of the view that continued detention of the petitioner is not essential, especially since the investigation has almost reached its final stage.

Hence, I allow this application 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 Guruvayoor Police Station; 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 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.