Anil Kumar vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.127/2022 of Nallalam Police Station, Kozhikode District. The offences alleged against the petitioner are under section 377 of the Indian Penal Code, 1860 and Sections 9(i)(l)(n) r/w Section 10, Section 11,(iii) r/w Section 12, Section 3(a)(d) r/w Section 4(2), Section 5(l)(m)(n) r/w Section 6 of the Protection of Children from Sexual Offences, Act, 2012 apart from Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2005

According to the prosecution, the accused subjected his son to penetrative sexual assault by pressing on his penis and also making him perform oral sex on him and also showed porn videos.

Sri.M.T.Sameer, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 10.04.2022 and has been in custody since then.

Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature.

I have considered the rival contentions.

I have perused the statement of the victim. Though the allegations are serious in nature, I am of the view that since the petitioner has been in custody from 10.04.2022, the continued detention is not necessary. However, strict conditions can be imposed to avoid any contact with the victim.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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 co-operate with the trial of the case.

(c) Petitioner shall not contact the victim till the conclusion of trial.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.