AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
14 paragraphs · 380 wordsSophy Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973 by the sole accused in Crime No.359/2021 of Chittarikal Police Station, Kasaragode registered under Section 354A (i)(ii)(iii) of IPC and Section 12 r/w 11(iii) (iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The prosecution allegation is that during the period November 2020 and February 2021, the petitioner sent obscene photos to the victim through Instagram and repeatedly followed her in Instagram.
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 petitioner and the victim girl were in a love affair and since, her family members didn’t like their relationship, a false case was registered against him. He is in judicial custody from 25/08/2023 onwards and he is ready to abide by any conditions imposed by this Court.
On going through the statement of the victim also, it could be seen that the petitioner and the victim girl were having an affair. Investigation is over and final report has been filed and it is pending before the Special Court (POCSO), Kasaragode as S.C.No.905/2022. The petitioner is in judicial custody from 25/08/2023 onwards.
In such circumstances, this court is inclined to allow this application on the following conditions:-
(i) The petitioner shall be released on bail 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 contact the victim or cause any kind of harassment to her or her family members, either directly or indirectly.
(iii) The petitioner shall not leave the limits of Kerala without prior permission of the trial court.
(iv) The petitioner shall surrender his passport before the trial court, within 10 days of executing the bond, and if he is not having a passport, he has to file affidavit to that effect before the trial court.
(v) The petitioner shall not commit any offence while on bail.
In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.