XXXXXXXXXX vs State Of Kerala

Sophy 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.277/2021 of Chittarikal Police Station, Kasaragode registered under Sections 354A(1)(i), 370(4), 376(3), 376(2)(N) of IPC, Sections 8 r/w 7, 4(2) r/w 3, 6(l) r/w 5, 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

The prosecution allegation is that the petitioner, committed sexual assault on the victim girl aged 15 years. Earlier, Crime No.25/2019 was registered against him for sexually assaulting the very same victim and he was released on bail. Even thereafter, he was sending obscene photos to the survivor and following her in instagram, and sexually assaulted her.

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 an affair and the statement of the victim would reveal that fact. According to the petitioner, since her family didn’t like their relationship, false cases were registered against him one after another. Total three crimes were registered against the petitioner, alleging sexual assault against the very same victim. He is in custody from 25/08/2023 onwards and he is ready to abide by any conditions imposed by this Court.

Considering the fact that investigation is over and final report has been filed, and the petitioner is in remand since 25/08/2023, 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.1,00,000/- (Rupees one lakh 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 Kasaragode district till the trial in S.C No.904/2022 on the file of the Special Court (POCSO), Kasaragode is over.

(iv) The petitioner shall not leave the limits of Kerala without prior permission of the trial court.

(v) 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 an affidavit to that effect, before the trial court.

(vi) 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.