Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945 (CRIME NO.1006/2023 OF VELLARADA POLICE STATION) PETITIONER/2ND ACCUSED: AKHIL AGED 18 YEARS S/O ANIL KUMAR AKHIL BHAVAN, KUDAYAL P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695505 BY ADV S.NIKHIL SANKAR RESPONDENT/COMPLAINANAT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 OTHER PRESENT: SMT.S.SEETHA-SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
2. The petitioner is the 2nd accused in Crime No.1006/2023 of
Vellarada Police Station. The offences alleged against the petitioner are punishable under Section 354 of the Indian Penal Code and Sections 8, read with Sections 7 and 16 of the POCSO Act.
3. The prosecution case is that on 10.08.2023, at about 17.00
hrs., while the petitioner was riding a bike along with the 1 st accused and the defacto complainant, the 1st accused allegedly caught hold of the left hand of the defacto complainant and attempted to touch her, thereby committed the offences. The crime was registered in such circumstances. The petitioner was arrested in connection with the same on 12.08.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.
4. Heard, Sri. Nikhil Shankar, the learned Counsel appearing for the petitioner and Smt. Seetha S, the learned Public Prosecutor appearing for the State.
5. I have gone through the records. It is discernible from the
statement of the victim that the main overt acts are alleged against the 1st accused. From the nature of the allegations, I do not find any significant role of the petitioner in committing the offences. Anyhow, it is a matter of investigation. However, in such circumstances, I find that the further incarceration of the petitioner is not necessary. Therefore, the petitioner can be released on bail by imposing appropriate conditions to ensure that the petitioner is not contacting or intimidating any witnesses. Accordingly, this application is allowed on 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 Magistrate. ii) The petitioner shall also appear before the investigating officer as and when required by him. iii) The petitioner shall not commit any offence of similar nature while on bail. iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation. vi) The petitioner shall not leave India without the permission of the trial 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 LU