Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 AGAINST THE ORDER/JUDGMENTCRMP 2080/2022 OF SPECIAL COURT UNDER POCSO ACT, KOTTAYAM PETITIONER/S: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. K.NIRMALAN T.R.KRISHNADAS RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. , PIN - 682031 2 INSPECTOR OF POLICE PALA POLICE STATION, KOTTAYAM DISTRICT, PIN-686575. , PIN - 686575 OTHER PRESENT: PP SRI.NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
B.A. No. 7637 of 2022 Dated this the 6th day of October, 2022
ORDER
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.2580 of 2022 of
Pala Police Station, Kottayam District. The offences alleged against the petitioner are punishable under Sections 354A(1), 354A(2) of the Indian Penal Code,1860 apart from Section 8 r/w Section 7 of the Protection of Children from Sexual Offences Act, 2012 .
3. According to the prosecution, the accused pressed the breast of the victim girl aged 14 years in the month of July 2022 and also made sexually coloured gestures at her and thereby committed the offences alleged.
4. Sri.T.R.Krishnadas, the learned counsel for the petitioner
contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further pointed out that the petitioner was arrested on 06-09-2022 and therefore, the continued detention of the petitioner is not necessary.
5. Sri. Noushad K.A., the learned Public Persecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature.
6. A perusal of the case diary reveals that prima facie there
are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 06-09-2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail. In the result, this application is allowed 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. BECHU KURIAN THOMAS JUDGE AJM/6/10/22