XXXXXXXXXX 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.506/2022 of Payyannur Police Station alleging offences under Sections 376(2)(i), 354 and 450 of the Indian Penal Code, 1860 apart from Sections 4, 3(a), 6, 5l, 5m, 12(ii) (iii) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, in the year 2016, while the victim was studying in STD II, the accused allegedly committed aggravated penetrative sexual assault by touching the victim with sexual intention and also showed her obscene videos on his mobile phone and thereby committed the offences alleged.

Sri.M.Anuroop, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was further pointed out that petitioner was arrested on 13.07.2022 and that continued detention of the petitioner is not warranted especially since the final report has already been filed on 28.07.2022.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are heinous in nature and the petitioner ought not to be 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 remanded to judicial custody on 13.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. 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 co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence or contact the victim.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.