Abdul Akbar vs State Of Kerala

Gopinath P., J

Petitioner is the accused in Crime No.1316 of 2023 of Kodungallur Police Station, Thrissur District, alleging commission of offences under Sections 354A(1)(i) of the Indian Penal Code and offences under Sections 8 r/w Sections 7 of the POCSO Act. The allegations against the petitioner is that on 16.08.2023, while the minor victim aged 16 years was travelling on a private bus, the petitioner with sexual intent inappropriately touched her on her breast with his elbow and also caught her on her left hand and again inappropriately touched her on her breast and thereby he committed the offences alleged against him.

Learned counsel appearing for the petitioner would submit that the allegations against the petitioner are clearly on the basis of some misunderstanding. It is submitted that the petitioner is a 63 year old man and he had never touched the minor victim with an intention to sexually assault her. It is submitted that the petitioner has been in custody from 16.08.2023 and considering the facts and circumstances of the case, it is not necessary to continue the petitioner in custody.

Heard the learned Public Prosecutor also. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner is 63 years old. Considering the nature of the allegations raised against the petitioner, it may not be necessary to continue the petitioner in custody for the purpose of continuing with the investigation. Therefore, this bail application is allowed and the petitioner is directed to be released on bail subject to the following conditions:

(i) The petitioner shall execute a 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 jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.1316/2023 of Kodungallur Police Station as and when called upon.

(iii) The petitioner shall not enter the local limits of the Kodungallur Police Station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above.

(iv) The petitioner shall not interfere with the investigation, influence or intimidate the victim or any witness in Crime No. 1316/2023 of Kodungallur Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not contact the victim in any manner.

It is made clear that the observations in this order are only for the purpose of considering the entitlement of the petitioner for bail and shall not be treated as any finding by this Court on the merits of the matter. If any of the aforesaid conditions are violated, the Investigating officer in Crime No.1316/2023 of Kodungallur Police Station may file an application before the jurisdictional Court for cancellation of bail.