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Judgment
14 paragraphs · 440 wordsBechu 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.1291/2021 of Kuruppampadi Police Station. The offences alleged against the petitioner are under Sections 376, 376AB & 342 of the Indian Penal Code, 1860 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(d) r/w Sections 4, 4(2), Section 5(m), Section 5(n) r/w Section 6, Section 7 r/w Section 8, Section 9(l)(m)(n) r/w Section 10 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that petitioner, who is the step father of the victim girl aged 10 years had pressed the breast of the victim in October 2021 and thereafter, in November 2021 disrobed the victim girl and licked her private parts, thereby committing the offence alleged.
Sri.I.G.Augustine, learned counsel for the petitioner contended that the entire case is falsely foisted against the petitioner and that he is totally innocent. It was also submitted that the petitioner was arrested on 27.11.2021 and has been in custody since then.
Smt.Nima Jacob, learned Public Prosecutor on the other hand opposed the the grant of bail.
A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 27.11.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report already filed. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) The 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.
(b) The petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members;
(d) The petitioner shall not commit any similar offence while he is on bail.
(e) The petitioner shall not leave the country without the permission of the jurisdictional Court.
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.