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XXXXX vs State Of Kerala

High Court Of Kerala · Decided on 21 July 2022 · Citation: (2022) 07 KL CK 0188

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 167(2), 167(2)(i), 439 · Indian Penal Code, 1860 — Section 354(1), 376(1) · Protection of Children from Sexual Offences Act, 2012 — Section 3(a), 4, 6
RESULT
Allowed
CASE NUMBER
Bail Application No. 4754 Of 2022 The prayers in the instant Writ Petition (Criminal) are as follows: "i. Issue a writ of Habeas Corpus or such writ, order or direction commanding the respondenets No's 1 to 3 to produdce the body of daughter of the
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Judgment

14 paragraphs · 363 words

Bechu Kurian Thomas, J

1.

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

2.

Petitioner is the sole accused in Crime No.289/2022 of Kanjar Police Station, Idukki, alleging offences under Section 354(1) r/w Section 376(1) of the Indian Penal Code, 1860 and Sections 3A and 4 r/w Sections 3(a) and 6 of the Protection of Children from Sexual Offences Act, 2012.

3.

The prosecution case is that the petitioner, who is the step father of the victim girl, committed penetrative sexual assault on the victim on 30.04.2021 and thereby, committed the offences alleged against him.

4.

Shri.Georgekutty, the learned counsel for the petitioner, pointed out that the accused was arrested on 22.04.2022 and that till date, final report has not been filed, thereby, entitling him to statutory bail, contemplated under Section 167(2) of Cr.P.C.

5.

Shri.Noushad K.A., the learned Public Prosecutor submitted that even though petitioner was arrested on 22.04.2022, final report has not yet been filed.

6.

Taking note of the circumstances that the petitioner was arrested on 22.04.2022 and that the final report has not yet been filed, I find that the petitioner is entitled to statutory bail under Section 167(2)(i) of the Cr.P.C.

7.

In view of the above, this bail 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 or contact the victim or her family members.

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

v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

8.

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.