XXXX vs State Of Kerala

Dr. Kauser Edappagath, J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.1454/2021 of Punalur Police Station. The offences alleged are under Sections 354D and 354A(1)(i) of

the Indian Penal Code and Section 7 read with 8 and 11(iv) read with 12 of the Protection of Children from Sexual Offences Act.

The prosecution case in short is as follows. The accused was working in an electronic shop situated opposite to the victim’s place of dwelling.

The victim is a minor girl aged 17 years. It is alleged that the accused after several episodes of stalking, feigned love and thereby secured the

confidence of the victim and thereafter he commenced to contact her through various electronic means. Afterwards on 23.11.2021, at around 11.30

pm, the accused lured the victim to come out of her place of abode and thereafter with sexual intent, firmly caught hold of her hand and tried to take

her away from the scene of occurrence and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He

further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public

Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and

if the petitioner is released on bail at this stage, it would affect the course of investigation.

A reading of the FI Statement would show that the victim and the accused were in love and on the date of incident she voluntarily upon her free

will joined the company of the petitioner. The petitioner was arrested on 23.11.2021. In view of the nature of the crime and the stage of investigation, I

do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair

stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear

before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.