XXXXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.594 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District, alleging commission of offences under Sections 451 and 354(A) of the Indian Penal Code and Section 7 read with Section 8 and Section 9(m)(n) read with Section 10 of the POCSO Act. The allegation against the petitioner is that the petitioner, who is the immediate neighbour and also a relative of the victim aged 5 years, had visited the house of the victim on the pretext of visiting her grandfather and had thereafter placed the victim on his lap and had touched her inappropriately on her private parts and thereby he is alleged to have committed the offences under the aforesaid provisions of law.

The learned counsel appearing for the petitioner would submit that pursuant to the order dated 14.08.2023 in anticipatory Bail Application No.5104 of 2023, the petitioner had surrendered before the Investigating Officer and he had been remanded by the Additional Sessions Court (for the Trial of cases relating to Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram on 04.09.2023. It is submitted that the petitioner has, therefore, been in custody for 50 days and considering the nature of the allegations, the petitioner may be directed to be released on bail.

The learned Public Prosecutor submits that the allegations against the petitioner are serious. It is submitted that the petitioner is an immediate neighbour and relative of the victim and there is every chance of the victim being intimidated if the petitioner is granted bail. However, he confirms that no criminal antecedents are reported against the petitioner.

Having heard the learned counsel for the petitioner and the learned Pubic Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The petitioner has already been in custody for 50 days, having been arrested on 04.09.2023. Further detention of the petitioner does not appear to be necessary for the purpose of completion of investigation into the crime registered against him. The allegations against the petitioner are as noticed above. No criminal antecedents are reported against the petitioner.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.594 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District, as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.594 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District;

(iv) The petitioner shall not enter the local limits of Malayinkeezhu Police Station, until further orders, except for complying with any condition imposed in this order or for appearance before any court or authority;

(v) The petitioner shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.594 of 2023 of Malayinkeezhu Police Station, Thiruvananthapuram District, may file an application before the jurisdictional Court for cancellation of bail.