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 sole accused in Crime No.316/2022 of the Nagarur Police Station, Thiruvananthapuram, now alleging offences punishable under Sections 451, 376(3), 354A(1)(i), 354(B) r/w Section 506 of the Indian Penal Code, 1860 apart from Section 4(ii) r/w Sections 3(a) and 3(b) and Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused had, on 18.04.2022, forced the victim girl, aged 12 years, into the room and after fondling her private parts committed penetrative sexual assault and thereby committed the offences allged.

Shri.K.B.Pradeep,  the  learned  counsel  for  the  petitioner contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that in the initial statement given by the victim, there were strictly no allegations of any penetrative sexual assault or rape committed by the petitioner. However, subsequently, the Investigating Officer added Section 376 as well as Sections 3 and 4 of the POCSO Act, with ulterior motives. It was further submitted that petitioner was arrested on 06.07.2022 and considering the nature of allegations, petitioner ought to be released on bail.

Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious, especially since the victim is a minor girl of 12 years and she had specifically spoken in the additional statement about the penetrative sexual assault committed by the accused. It was also submitted that the investigation is still continuing and therefore, releasing the petitioner on bail at this juncture, would prejudice the prosecution.

I  have  considered  the  rival  contentions  and  have  also perused  the  statement  as  well  as  the  additional  statement  of  the victim. Considering the nature of allegations as noticed from the statement of the victim and on an appreciation  of the arguments raised across the Bar, though I am of the view that the allegations are serious in nature, taking note of the period of detention, already undergone, I am of the view that the petitioner can be released on bail on strict conditions.

Accordingly, 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 appear before the Investigating Officer on every third saturday, between 09:00 a.m. and 12:00 p.m., until the final report is filed.

(c) 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.

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

(e) Petitioner shall not enter into the jurisdictional limits of Nagarur Police Station, except for the purpose of complying the conditions imposed in this order.

(f) 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.