XXXX 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.505/2022 of Varappuzha Police Station, Ernakulam . The offences alleged against the petitioner are under Section 354 of the Indian Penal Code, 1860 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 apart from Section 10 r/w Section 9(l)(n) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution allegation is that, the accused, who is the father of the victim, on several occasions, hugged the victim with sexual intent and pressed her breast and other body parts and thereby committed the offences alleged.

Sri.T.U.Sujith Kumar, learned Counsel for the petitioner submitted that the entire prosecution allegation is false and that the complaint has been made at the behest of the mother of the victim with whom proceedings for custody of the victim is pending before the Child Welfare Committee. It was further submitted that the allegations are levelled against the petitioner only for the purpose of defeating the application for custody filed by him and that the petitioner is totally innocent of the allegations.

Sri.K.A. Noushad, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that the allegations are serious in nature, and that if the petitioner is released on bail, it will cause prejudice to the investigation.

A perusal of the statement given by the victim and on an appreciation of the submissions made by the learned Counsel for the petitioner and the learned Public Prosecutor, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

(iv) Petitioner  shall not commit any similar offences while he is on bail.

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.