Yadhu vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.1134/2022 of Vadakkencherry Police Station, Palakkad, alleging offences punishable under Sections 354, 354A(1)(i)(ii) of the Indian Penal Code, 1860 apart from Section 8 r/w Section 7 and Section 10 r/w Section 9(1) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, on 29.11.2022, the accused had, with sexual intent, kissed on the lips and breasts of the victim aged 13 years and thereafter touched on her private parts and forced her to catch hold of his private part and thereby committed the offences alleged.

Sri.V.A.Johnson, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 03.12.2022 and has been in custody since then.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that taking note of the young age of the victim and the nature of acts allegedly committed by the petitioner, he ought not to be released on bail especially since the investigation is still continuing.

I have considered the rival contentions.

The allegations against the petitioner are serious in nature. However, having regard to the period of detention already undergone, I am of the view that further detention is not essential for the investigation.

Accordingly, I allow this application on the following conditions :-

(a) Petitioner shall be released on bail on him 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) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.