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Judgment
17 paragraphs · 475 wordsBechu Kurian Thomas, J
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No. 300 of 2022 of Manjeshwar Police Station, Kasaragod now pending as S.C. No. 442 of 2022 on the files of the Additional Sessions Court-I, Kasaragod.
According to the prosecution, accused had stalked the minor victim aged 14 years and also sexually assaulted her and thereby committed the offences alleged.
Sri. S.Jiji, the learned Counsel for the petitioner contended that the entire prosecution allegations are false and that even going by the FIR, there are no allegations of any sexual assault. It was further submitted that, since the final report has already been filed, petitioner ought to be granted the benefit of anticipatory bail.
Smt. M.K. Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that, the petitioner was absconding all along and therefore, an absconding charge sheet had to be filed. In such circumstance the petitioner ought not to be granted the benefit of anticipatory bail and that for the purpose of effective investigation, medical examination and other tests are required to be conducted and therefore, custodial interrogation is essential.
I have considered the rival contentions.
Having regard to the nature of allegations, even though the same are serious, I am of the view that, limited custody of the petitioner would be sufficient for the purpose of effective investigation since the petitioner was absconding all along and an absconding charge sheet was filed. The petitioner is entitled to be released on bail in the event of his arrest on conditions, since custodial interrogation is not required.
Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on 19.01.2023 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he 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 before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(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.
The bail application is allowed as above.