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Judgment
14 paragraphs · 381 wordsBechu Kurian Thomas, J
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.2213 of 2021 of Palluruthy Police Station, Ernakulam, which is now pending before the Additional Sessions Court (POCSO), Ernakulam in S.C.No.141 of 2022 alleging offences under Sections 354, 506 of the Indian Penal Code, 1860 and Section 8 r/w Section 7, 10 r/w Section 9(i)(n) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that, petitioner who is the step-father of victim aged only 13 years committed sexual assault on the child in the bedroom of their house from March 2021 onwards and thereby committing the offences alleged.
Sri.Mohammed Aslam P.A., the learned counsel for the petitioner contended that the entire allegations are false and the petitioner is totally innocent.
The learned Public Prosecutor submitted that the petitioner is alleged to have committed a very serious offence that too against his step-daughter and there is every possibility of him committing similar acts, if released on bail.
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 arrested on 05.12.2021 and in view of the nature of the offences alleged, I do not find any reason to continue the detention of the petitioner further. 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 his 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 co-operate with the trial of the case.
(iii) Petitioner shall not intimidate or attempt to influence the witnesses;
(iv) Petitioner shall not commit any offence while he is on bail.
(v) 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.