Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 21ST DAY OF AUGUST 2023 / 30TH SRAVANA, 1945 CRIME NO.659/2023 OF ALOOR POLICE STATION, THRISSUR PETITIONER/ACCUSED: SAJEEVAN AGED 55 YEARS S/O. KITTAYI, THORATTIL HOUSE, EAST KOMBARA DESOM, MANAVALASERY VILLAGE, THRISSUR DISTRICT, PIN - 680121 BY ADVS. NIKITA J. MENDEZ P.M.RAFIQ M.REVIKRISHNAN AJEESH K.SASI SRUTHY N. BHAT RAHUL SUNIL SRUTHY K.K RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV ADV SEETHA S - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.659/2023 of Aloor Police Station, Thrissur which was registered for the offences punishable under Section 341 of IPC and also Section 8 read with Section 7 and Section 10 read with Section 9(I)(m) of the POCSO Act.
2. The prosecution case is that on 08.07.2023 at around
6.00 p.m. the the petitioner hugged and kissed the victim child aged 10 years old and on his lips and cheeks, thereby committed the offences. The crime was registered in such circumstances the petitioner was arrested on 20.07.2023. Since then the petitioner has been in judicial custody. This application for regular bail is submitted in such circumstances.
3. Heard Sri. M.Revikrishnan, learned counsel for the petitioner and Smt.Seetha S., learned Public Prosecutor for the State.
4. I have gone through the records. It is true that there are
certain allegations against the petitioner. However, it is a fact that the petitioner has been in judicial custody since 20.07.2023. The petitioner has also case that the petitioner was implicated falsely consequent to certain disputes between the petitioner and the family of the defacto complainant. The petitioner also referred to Annexure 2 complainant submitted by the daughter of the petitioner before the Superintendent of Police, with respect to the same.
5. When the nature of allegations and the period of
incarceration of the petitioner are taken into consideration, I am of the view that, the petitioner can be granted bail, with stringent conditions to ensure that the petitioner is not contacting, influencing or intimidating the victim. While considering this aspect, I have also taken note of that fact that no criminal antecedents of the petitioner were also brought to my notice.
In such circumstances, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions: i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall fully co-operate with the investigation. iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report. iv) The petitioner shall appear before the Investigating Officer as and when required. v) The petitioner shall not commit any offence of similar nature while on bail. vi) The petitioner shall not make any attempt to contact any
of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. vii) The petitioner shall not leave India 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 of bail, if any, and pass appropriate orders in accordance with the law. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF BAIL APPL. 7080/2023 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 04-08- 2023 OF THE COURT OF THE ADDITIONAL SESSIONS JUDGE - I, THRISSUR IN CRL. M.P. NO. 3347/2023 Annexure 2 TRUE COPY OF THE LETTERS OF COMPLAINT PREFERRED TO THE SUPERINTENDENT OF POLICE, IRINJALAKKUDA, THE DISTRICT POLICE CHIEF, IRINJALAKKUDA, AND THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM BY THE DAUGHTER OF THE APPLICANT Annexure 3 TRUE COPY OF THE COMPLAINT DATED 31- 07-2023 PREFERRED BY THE WIFE OF THE APPLICANT TO THE INSPECTOR OF POLICE, ALOOR POLICE STATION Annexure 4 TRUE COPY OF THE RECEIPT DATED 01-08- 2023, ISSUED FROM ALOOR POLICE STATION