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Judgment
Application for regular bail.
The petitioner, who is the accused in Crime No. 380 of 2021 registered by the Varkala Police for having committed the offences punishable under Section 447 of the Indian Penal Code and Sections 7, 8 and 11(IV) of the Protection of Children from Sexual Offences Act, has filed this application for his release on bail.
The petitioner has been in custody since 13.02.2021.
The prosecution allegation is that the petitioner, who got acquaintance with the defacto complainant through instagram, trespassed into her residential house and sexually abused her on various days and thereby committed the aforesaid offences.
Heard both sides.
According to the learned counsel for the petitioner, another crime was registered against this petitioner as Crime No. 371 of 2021 and bail has already been granted in that case. He has also pointed out that the petitioner is aged only 20 years having no criminal antecedents.
The learned Public Prosecutor would submit that the investigation of the case has progressed considerably.
Having regard to the nature of the offences alleged against the petitioner, the present stage of investigation as well the duration of judicial custody undergone by him in this case, I am inclined to release him on bail.
Hence, this application is allowed 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) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner 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) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.