Basheer vs State Of Kerala

Ziyad Rahman A.A., J

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the sole accused in Crime No. 221/2021 of Koppan Police Station, which was registered alleging offence punishable under

Sections 363, 354D(1) and 406 of IPC and Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the victim girl aged 17 years, who is having good acquaintance with the petitioner, was induced by the

petitioner and thereby the victim girl delivered a gold bangle having 1 ½ sovereigns and the same was misappropriated by him. It was also alleged

that on the account of the inducement made by the petitioner the victim left her house and joined the company of the petitioner at a lodge for a short

period. He was arrested on 19/6/2021 and he is in judicial custody since then.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the petitioner is innocent of all the allegations. He points out that, even though, the victim joined

him for a short period, there was no allegation of any sexual assault. The counsel submitted that the petitioner is ready to abide by any conditions if this

court grants bail to him.

The learned Public Prosecutor opposed the bail application. According to him, if he petitioner is released on bail, there will be likelihood of the

witness being influenced and the evidence tampered with.

Considering the totality of the facts and circumstances, I am of the view that the petitioner can be released on bail, on strict conditions. It is

discernible on the records that, the recovery has already been affected. The investigation is in an advanced stage. In the said circumstances, further

incarceration of the petitioner may not be necessary.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the

satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

 (iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.

(iv) The petitioner shall also appear before the investigating officer as and when required by him.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with

the evidence or influence any witnesses or other persons related to the investigation.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(viii) The petitioner shall not contact the victim or his relatives.