XXXXX 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.731/2022 of Mannancherry Police Station, Alappuzha, alleging offences punishable under Section 12 r/w Sections 11(i) and (iv) of the Protection of Children from Sexual Offences Act, 2012 apart from Section 119(a)(i) of the Kerala Police Act, 2011.

According to the prosecution, on 25.10.2022, at around 4.00 p.m., petitioner exhibited his private parts to the victim aged 10 years and thereby committed the offences alleged.

Sri.Abdul Jaleel A., the learned counsel for the petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was also submitted that the petitioner was arrested on 26.10.2022 and that no purpose would be served by continuing him under detention.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious requiring custodial interrogation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 26.10.2022, 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:-

(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.