Abdul Jabbar vs State Of Kerala

Application for regular bail.

The petitioner is the accused in Crime No.26 of 2021 of Pothencode Police Station registered for the offences punishable under Sections 377, 506(i)

of the Indian Penal Code and Section 4 r/w Section 3(d), 6 r/w Section 5(1)(m) of the Protection of Children from Sexual Offences Act.

The petitioner has been in custody since 05.01.2021.

It is submitted by the learned counsel for the petitioner that in fact he has been falsely implicated in the case by the maternal family of the minor

child due to their vengeance towards him. The petitioner is a teacher, engaged with teaching of Arabic language and Holy Quran. He was conducting

his class in the sit out of his residential house, where the children including the victim used to attend the class. The police even without noticing the fact

that there is no chance to commit the alleged offence, he has been implicated in the case falsely by the undue influence of the relatives of the victim

over the police and thereby he has been booked for the aforesaid offences.

The learned Public Prosecutor has sought for some more time to complete the investigation and so opposed the application to release him on bail at

this stage.

Heard both sides and perused the records.

In fact, the records available before me would show that the investigation of the case has progressed considerably. It is also to be noted that this

petitioner, who is aged 59 years engaged with the profession of teaching Arabic language and Holy Quran has no criminal antecedents. So far there

was no complaint against him from any corner though he is engaged with his profession, of teaching minor children.

Having regard to the nature of the accusation levelled against this petitioner, the duration of the detention undergone by this petitioner in judicial

custody, the present stage of the investigation and the other facts and circumstances involved in this case, I am inclined to release him on bail subject

to the following conditions:-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the

like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall be available before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) He shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate/Judge is empowered to cancel the bail in accordance with the law.