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Judgment
29 paragraphs · 551 wordsShircy V, J
Application for regular bail.
The petitioner is the accused in Crime No.1124/2020 of Wadakanchery Police Station has filed this application seeking release on bail as he has been
charged for having committed offences punishable under Sections 354B and 511 of 376(3) of the Indian Penal Code and Section 10 r/w 9(n)(i) of
POCSO act, 2012 and 75 of the Juvenile Justice Act.
Petitioner has been in custody since 03.12.2020.
The prosecution allegation is that the petitioner, who is the step father of the victim had sexually abused and assaulted the minor child aged 13 years
at her residence, where he was also residing as he had married her mother.
Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
It is submitted by the learned counsel for the petitioner that he has been falsely implicated in the case and he is totally innocent. But he is
undergoing incarceration right from the date of his arrest. It is also pointed out by the learned counsel that now the investigation of the case is over
and further detention may not be required to proceed with the trial of the case.
The learned Public Prosecutor vehemently opposed the application and submitted that as he is the step father if he is enlarged on bail there is every
possibility to threaten the witnesses for the prosecution and even to repeat similar offences against the victim, who is the daughter of his wife.
It is to be noted that the investigation of the case is over and it is pending for trial. The victim is not residing along with her mother and now she is in
a home run by the Goverment at Thrissur.
The learned counsel appearing for the defacto complainant has also submitted that she is not at all having any relationship with this petitioner and
the relationship has strained because of the alleged incident which has taken place in her absence at her residence.
As the investigation of the case is over and the victim is not residing in the residential house of her mother, I think that this application can be allowed
subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to
the satisfaction of the court having jurisdiction.
 (ii) The petitioner shall co-operate with the trial of the case.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him
from disclosing such facts before the court.
(iv) The petitioner shall not commit any offence while on bail.
v) The petitioner shall not enter into the limits of the Wadakanchery Police Station. He shall not visit the victim, who is accommodated in a Government Home at
Mannuthy within the jurisdiction of Mannuthy Police Station and he shall not enter into the premises of the residential house of the victim till trial of the case is over.
In case of violation of any of the above conditions, the learned special Judge is empowered to cancel the bail in accordance with the law.