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.106/2022 of Vanitha Police Station, Malappuram District alleging offences punishable under Section 354A(2)(i) of Indian Penal Code, 1860 apart from Sections 9(f), (m) read with Section 10 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, the accused who is a teacher in the victim's school had caught hold of the chest and shoulder of the minor victim and thereby committed the offences alleged.

Sri.Sayed Mansoor Bafakhy Thangal, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the petitioner was trapped in the case through a false allegation. It was further submitted that the petitioner was arrested on 03.12.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, there is every chance of him influencing the witnesses.

I have considered the rival contentions and have also perused the statement of the victim.

Considering the nature of allegations and also the period of detention already undergone, I am of the view that further detention of the petitioner is not essential.

Accordingly, 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 intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim 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.