AI Structured Summary
Not yet generated for this judgment
Judgment
P. Bhavadasan, J.—The petitioner is accused of having committed the offences punishable under Ss.5 and 6 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution allegation is that the petitioner, who is a teacher, molested a girl aged 6= years when the students of the school were taken for a tour. The petitioner submits that he is totally innocent and has been implicated with ulterior motives.
He has been in custody from 29.11.2012 onwards. Therefore, according to the learned counsel for the petitioner, a good part of the investigation must have been completed by now and his continued custody is unnecessary. He, therefore, seeks bail.
The learned Public Prosecutor opposed the application and pointed out that the act attributed to the petitioner is of a very serious and grave nature. It is also pointed out that the investigation is not yet complete. He made available the CD for perusal.
On going through the records available in the CD, the claim of the petitioner that he is totally innocent, cannot be countenanced. But, the fact remains that he has been in custody from 29.11.2012 onwards and a good part of the investigation must have been completed by now. So, it is felt that the continued custody of the petitioner is unnecessary.
Since no apprehension is raised by the Investigating Agency that the petitioner is likely to abscond if released on bail, it is felt that the petitioner can be granted bail. The application is accordingly allowed and the petitioner shall be released on bail subject to the following conditions :
The petitioner shall execute a bond for Rs. 10,000/- (Rupees Ten Thousand only) with two solvent sureties for the like sum each to the satisfaction of the court concerned.
The court concerned shall ensure the identity of the sureties and the veracity of the tax receipts produced by the sureties, before granting bail to the petitioner.
The petitioner shall appear before the Investigating Officer on every Friday between 9 and 11 am, till final report is filed.
The petitioner shall not tamper or attempt to tamper with the BA 9720/12 evidence and influence or try to influence the witnesses.
If any of the conditions is violated, the bail granted shall stand cancelled and the court concerned on being satisfied of the said fact, may take such action as available to him in law.
P. Bhavadasan