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Judgment
15 paragraphs · 502 wordsSophy Thomas, J
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.518 of 2023 of Kanakakunnu Police Station, Alappuzha, registered under Sections 363, 342, and 377 of IPC and Sections 3(a) r/w 4(2), 5(l)(m)(n) r/w 6, 11(iv) r/w 12 of the Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
The prosecution allegation is that, the petitioner, who is a close relative of the victim boy, aged 11 years, committed penetrative sexual assault and subjected him to un-natural sex.
Heard learned counsel for the petitioner and learned Public Prosecutor.
Learned Public Prosecutor opposed the bail application.
Learned counsel for the petitioner would submit that, the incident alleged occurred in November 2021. But the FIR was registered only on 23.11.2023, with a delay about 753 days. Crime No. 488 of 2023 was registered against a neighbour of the petitioner on the complaint given by the very same victim boy, and he was released on bail by the Sessions Court, as per Annexure-A3 order. The petitioner is in judicial custody from 23.11.2023 onwards and he is ready to abide by any conditions imposed by this Court.
Learned Public Prosecutor, on instructions, would submit that, the investigation is over and final report has been filed. So, the continued detention of the petitioner is not needed as far as the investigation is concerned. Moreover, the delay in lodging the complaint also casts shadow on the genuineness of the case alleged by the prosecution.
In such circumstances, this Court is inclined to allow this bail application on the following terms:-
i. The petitioner shall be released on bail on cash deposit of Rs.20,000/- (Rupees twenty thousand only) and on executing bond for Rs.50,000/-(Rupees fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
ii. The petitioner shall not enter the limits of Kanakakunnu police station where the victim resides without getting specific orders from the trial court, till the trial is over, except for the purpose for appearing in court.
iii. The petitioner shall not contact, influence or intimidate the victim boy or his family members and shall not cause any kind of harassment to them either directly or indirectly.
iv. The petitioner shall not intimidate or influence the witnesses or tamper with the investigation.
v. Petitioner shall not leave the limits of Kerala without prior permission of the trial court, and he shall surrender his passport before the trial court, at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect before the trial court.
vi. The petitioner shall not commit any offences while on bail.
vii. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.