Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 28TH DAY OF JUNE 2022 / 7TH ASHADHA, 1944 IN CRIME NO.44/2022 OF ADHUR POLICE STATION, KASARGOD PETITIONER/ACCUSED: SUMESH AGED 26 YEARS, S/O.PRASAD T.M. THAZHATHU VALAPPU, IRIYANNI, MULIYAR VILLAGE, KASARAGOD DISTRICT BY ADVS. P.V.ANOOP PHIJO PRADEESH PHILIP M.P.PRIYESHKUMAR K.V.SREERAJ RESPONDENTS/COMPLAINANT & STATE: 1 SUB INSPECTOR OF POLICE ADHUR POLICE STATION, KASARAGOD DISTRICT PIN - 671543 2 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, KOCHI PIN - 682031 BY ADV. NOUSHAD K. A - SR. PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 766 of 2022 ============================ Dated this the 28th day of June, 2022
ORDER
This is an application seeking pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner seeks pre-arrest bail in Crime No.44/2022,
of the Adhur Police Station, Kasargod District, alleging offences under Sections 354A(1)(ii) and 354A(1)(iv) of the Indian Penal Code, 1860 and Sections 12 and 11(v) of Protection of Children from Sexual Offences Act, 2012. Subsequently, the offences alleged under the Indian Penal Code as well as under the Protection of Children from Sexual Offences Act have been deleted and the petitioner is now, alleged to have committed offences under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The prosecution case is that on the date prior to
06.01.2022, the petitioner persuaded the victim, aged 14 years to send her nude photos and threatened to circulate it amongst the public, thereby committing the offences originally alleged against him. However, subsequently, due to the deletion of the offences under the Indian Penal Code as well as under the Protection of Children from Sexual Offences Act, as mentioned above, the petitioner is alleged to have committed only the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
4. The learned counsel for the petitioner submitted that
the entire prosecution case is false and the accused is totally innocent. He further submitted that, going by the allegations, the offence under Section 75 of the Juvenile Justice (Care and Protection of Children) Act is not even made out.
5. Shri. Noushad K.A., the learned Public Prosecutor opposed the grant of bail.
6. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel,
though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioner is not required. In view of the above, the petitioner is entitled to be released on pre-arrest bail.
7. Accordingly, this application is allowed on the
following conditions: i) In the event of the petitioner being arrested in connection with Crime No.44/2022 of Adhur Police Station, he 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, before the Investigating Officer. ii) Petitioner shall appear before the Investigating Officer as and when required. iii) 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. iv) Petitioner shall not commit any offence while he is on bail. v) Petitioner shall not leave India without the permission of the Court having jurisdiction.
8. 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. Sd/- BECHU KURIAN THOMAS JUDGE ssa/