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 accused in Crime No.763/2022 of the Koyilandy Police Station, Kozhikode District. The offences alleged against the petitioner are under Sections 342, 354A(ii), 354B, 354D, 506, 509 of the Indian Penal Code, 1860 and Sections 10, 9(n), 11(i),(iv) and Section 12 of the Protection of Children from Sexual Offences Act, 2012.

According to the proseuction, the accused, who is the cousin brother of the victim had pressed on her breasts and attempted to indulge in sexual intercourse and also exposed his private body parts and thereby committed the offences alleged.

Smt.K.Deepa, learned Counsel for the petitioner submitted that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 13.11.2022 and that the continued detention is not essential for the purpose of investigation.

Smt.M.K.Pushapalatha, learned Public Prosecutor, on the other+hand opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, it would cause prejudice to the prosecution.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 13.11.2022, 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.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 offences 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..