Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P. TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943 BAIL APPL. NO. 9026 OF 2021 AGAINST THE ORDER IN CRMP 2760/2021 OF SPECIAL COURT UNDER POCSO ACT, THRISSUR CRIME NO.692/2021 OF GURUVAYUR POLICE STATION PETITIONER/ACCUSED: SADANANDAN AGED 43 YEARS S/O. ADIMA, MALIYEKKAL HOUSE, VADAKKEKKAD P.O, THRISSUR DISTRICT BY ADV RAJIT RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY THE GOVERNMENT PLEADER HIGH COURT OF KERALA 682 031 SMT. SEETHA .S. (SR.PP) THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: BAIL APPL. NO. 9026 OF 2021 2
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.692/2021 of
Guruvayoor police station, alleging commission of offence under Section 354A of the Indian Penal Code and Section 8 r/w. Section 7 of the Protection of Children from Sexual Offences Act.
3. The allegation against the petitioner is that, in the
year 2017 and on a day, when Guruvayoor Ekadasi was celebrated that year, the petitioner had committed sexual assault on the victim who was then aged 16 years by touching her on her breast and by making sexual advances.
4. Learned counsel appearing for the petitioner would
submit that the allegations are so vague and preposterous and relates to an event which took place nearly five years ago. It is submitted that the reason behind raising such a belated complaint is not known to the petitioner. It is also submitted that similar complaints have also been raised against other persons also. It is submitted that the petitioner has been in custody from 10.11.2021 and at any rate, continued detention is not necessary for a proper investigation into the matter.
BAIL APPL. NO. 9026 OF 2021 3
5. Learned Public Prosecutor, on instructions, would
submit that the alleged instances of sexual assault against the victim by the petitioner and others was revealed to the child line authorities and the crime was registered on the basis of intimation received from child line authorities. It is submitted that the investigation in the matter is progressing and the grant of bail, if at all, must be subject to strict conditions to ensure that petitioner does not interfere with the investigation in any manner.
6. Having regard to the facts and circumstances of the
case and taking note of the nature of allegations against the petitioner, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisidictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No. 692/2021 of Guruvayur Police station whenever called upon to do so. BAIL APPL. NO. 9026 OF 2021 4
(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 692/2021 of Guruvayoor police station;
(iv) The petitioner shall surrender his passport before the
jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;
(v) The petitioner shall not involve in any other crime
while on bail. If any of the aforesaid conditions are violated, the investigating officer in Crime No.692/2021 of Guruvayoor police station may file an application before the jurisdictional court, for cancellation of bail. sd/- GOPINATH P. JUDGE ajt