XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.760 of 2022 of Sooranadu Police Station registered for the offences punishable under Sections 354A(1)(i) of the Indian Penal Code, 1860 and also under Section 8 r/w Section 7 and Section 10 r/w Section 9(m) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, on 14.06.2022, when the petitioner was called to the victims school, to stitch their uniforms, while taking measurements petitioner touched the breasts of the victims and thereby committed the offences alleged against him.

Sri.Thomas Abraham, the learned counsel for the petitioner, submitted that the entire prosecution case is false and that petitioner is innocent. It was further submitted that the allegations are levelled on account of a dispute that arose due to gender-neutral uniforms being introduced in the school. In any event, it was submitted that since the petitioner was arrested on 14.06.2022, further detention of the petitioner is not required.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that the petitioner is alleged to have committed a heinous crime and that investigation is still continuing.

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 14.06.2022, 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:-

(i) Petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees Twenty five 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.

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.