Abdul Samad vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.139 of 2022 of Koodal Police Station, Pathanamthitta District, alleging commission of offences under Sections 377 and 506 of the Indian Penal Code and Section 5(f), 5(l) and 5(m) read with Section 6 of the POCSO Act, which is now pending as S.C.No.478 of 2022 before the Additional Sessions Court – I, Pathanamthitta.

The allegation against the petitioner is that the petitioner sexually abused an 8 year old boy inside his room in the Madrassa building situated near a mosque, where the petitioner was working as a religious teacher. The alleged assault took place between November 2021 and February 2022. I had, for reasons recorded in my order dated 18.05.2022, dismissed the bail application of the petitioner. The learned counsel for the petitioner submits that the petitioner has been in custody for 118 days and the apprehension expressed by the learned Public Prosecutor that if the petitioner is released on bail, he may influence the victim and his family can be dealt with by imposing appropriate conditions.

Having regard to the facts and circumstances of the case and also taking note of the circumstances which compelled me to refuse bail to the petitioner on the earlier occasion, I am of the view that the petitioner can be granted bail with strict conditions considering the fact that he has already been in custody for 118 days.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) 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;

(2) The petitioner shall not enter the Pathanamthitta District except for the purpose of attending the trial in S.C.No.478 of 2022 before the Additional Sessions Court – I, Pathanamthitta until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.139 of 2022 of Koodal Police Station, Pathanamthitta District;

(4) 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.139 of 2022 of Koodal Police Station, Pathanamthitta District, may file an application before the Jurisdictional Court for cancellation of bail.