AI Structured Summary
Not yet generated for this judgment
Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.840 of 2022 of Manjeshwaram Police Station, Kasargode District. The offences alleged against the petitioner are punishable under Sections 354(A)(1)(i), 354(D)(2) of the Indian Penal Code,1860 apart from Section 7 r/w Section 8, Section 11(iv) r/w Section 12 of the Protection of Children from Sexual Offences Act, 2012.
According to the prosecution, in October 2021 the accused kissed the defacto complainant on her cheeks with sexual intent and also published photographs on social media showing both the petitioner and the victim together and thereby committed the offences alleged.
Sri. Abhilash K.N., the learned counsel for the petitioner contended that the prosecution case is false and petitioner has been wrongly roped in as an accused. It was further submitted that petitioner having been arrested on 22-10-2022, further detention is not essential.
Smt. M.K.Pushpalatha, the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious and that if petitioner is released on bail, it would cause prejudice to the investigation.
A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was arrested on 22-10-2022, I am of the view that the continued detention of the petitioner is not required in the peculiar circumstances of the case. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.
(d) Petitioner shall not commit any similar offences while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.