XXXXXXXXXX vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the first accused in Crime No.802 of 2023 of Nedumkandam Police Station, Idukki, alleging commission of offences under Sections 354, 354-A(1)(i) of the Indian Penal Code, 1860 and under Sections 7 and 8 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner, who is the husband of the victim’s paternal aunt, had sexually abused her at a time when she was studying in the 7th standard. The incident allegedly took place about three years ago. The allegation is that the petitioner had pressed the thighs of the minor victim as also her breast and therefore, he committed the offences alleged against him.

The learned counsel appearing for the petitioner would submit that there are some matrimonial issues between the parents of the victim. It is submitted that, owing to the said matrimonial disputes, a false case has been registered against the petitioner who is the brother-in-law of the victim’s father. It is submitted that the petitioner has been in custody for past 14 days and further detention of the petitioner may not be necessary in the facts and circumstances of the case. It is submitted that the investigation has been completed and the final report has already been filed in the matter.

Heard the learned Public Prosecutor also.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor and having regard to the facts and circumstances of the case, I am of the view that the petitioner can be granted bail subject to conditions. The allegations against the petitioner are as noticed above. Investigation has been completed and final report has been filed. No compelling reason is shown as to why the petitioner must be continued in custody.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall report before the Investigating officer in Crime No.802 of 2023 of Nedumkandam Police Station, Idukki as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No.802 of 2023 of Nedumkandam Police Station, Idukki;

(iv) The petitioner shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.802 of 2023 of Nedumkandam Police Station, Idukki shall file an application before the jurisdictional Court for cancellation of bail.