Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE2D DAY OF JANUARY201412TH POUSHA, 1935 Bail Appl..No. 8618 of 2013 (B) ------------------------------------------- [CRIME NO. 1972/2013 OF VIYYUR POLICE STATION , THRISSUR DISTRICT] ............ PETITIONER/ACCUSED: ---------------------------------- RINTO, AGED28YEARS, S/O.RAPPAI, CHAKKALAKAL HOUSE, THIROOR PUTHENMADAMKUNNU, KOLAZHI VILLAGE. BY ADV. SRI.C.A.ANOOP. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2. STATION HOUSE OFFICER, VIYYOOR POLICE STATION, THRISSUR - 680 010. BY PUBLIC PROSECUTOR SMT. P. MAYA. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON0201-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. P.BHAVADASAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - B.A. No. 8618 of 2013 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 02nd day of January, 2014 ORDER
The petitioner is the sole accused in Crime No. 1972 of 2013 of Viyyur Police Station who is alleged to have committed the offences punishable under Sections 377 and 506(i) of IPC and Sections 3 read with Section 4, 5 read with Section 6 and 11 read with Section 12 of Protection of Children from Sexual Offences Act, 2012.
2. The allegation against the petitioner is that on 20.10.2013, he committed unnatural offence on a boy and also the further allegation is that he has been exhibiting obscene pictures to various other students of almost the same age as that of the victim.
3. The petitioner would say that he is innocent and has been falsely implicated and he has not committed any act which would constitute an offence. At any rate, he has been in custody from 20.11.2013 onwards and his continued B.A. No.8618/2013 -2- custody is unnecessary.
4. The learned Public Prosecutor opposed the petition and pointed out that the investigation is going on. It is also pointed out that the offences are of such nature that the petitioner deserves no leniency.
5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is innocent, cannot be countenanced. There are materials to show his involvement. Not only he had committed unnatural offence on the victim concerned, but he is also accused of having exploited other students of similar age. Anyway, a deeper probe into the veracity of the allegations is not warranted at this point of time. The court below has denied bail to the petitioner on the ground that it may against the spirit of the Act and also that he may intimidate the victim. The apprehension so expressed by the court below can be taken care of by imposing adequate conditions. The B.A. No.8618/2013 -3- petitioner has been in custody from 20.11.2013 onwards and a good part of the investigation must have been completed by now. His continued custody therefore appears to be unnecessary. The petition is allowed as follows: i) The petitioner shall be released on bail on his executing a bond for a sum of ` 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) The petitioner shall produce his original passport before the court concerned. If he is not having any valid passport, he should file an affidavit regarding B.A. No.8618/2013 -4- the same before the court concerned. vi) The petitioner shall not directly or indirectly contact the victim. vii) The petitioner shall not leave the State of Kerala without prior permission of the court concerned. viii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law. P.BHAVADASAN JUDGE ds