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Judgment
The petitioner herein is the sole accused in Crime No.3515/2017 of the Kothamangalam Police Station registered under Section 377 I.P.C and Sections 7 and 8 of the Protection of Children from Sexual Offences Act. He seeks regular bail under Section 439 of the Code of Criminal Procedure. This is the petitioner's second application for
bail. His first application was dismissed by this Court on
03.11.2017. The petitioner has been in judicial custody since 30.09.2017.
The victim of offence in this case is a boy aged 15 years. On a day in May, 2017, he was found missing, and his father made a complaint. Later, he was traced out and rescued, and then he gave a statement to the police disclosing the different instances of sexual abuse to which he had been subjected by the petitioner and the two other accused.
It is now submitted by the learned Public Prosecutor that investigation is over and the Police has
submitted final report in court on 24.11.2017. No other crime of similar nature is seen reported against the petitioner, and there is no police report regarding the bad antecedents of the petitioner. In the circumstances where investigation is over and final report is now before the court, continued custody of the petitioner is not felt necessary. I feel that he can be released on appropriate conditions.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 50,000/- (Rupees Fifty thousand only) each to the satisfaction of the court below having jurisdiction. Bail is granted on condition that;
a. The petitioner shall not leave the State of Kerala without the previous permission of the trial court for sufficient reasons.
b. The petitioner shall not in any manner influence or intimidate the witnesses and he shall not have any contact with the material witnesses directly or over telephone or otherwise
c. The petitioner shall make a security deposit of 10,000/- in the court below as a further condition for bail.
d. The petitioner shall surrender his passport before the court below within seven days from the date on which he is released on bail. If he does not have passport, an affidavit to that effect shall be filed.
e. The petitioner shall not involve in any offence of similar nature punishable under the Indian Penal Code, or under the Protection of Children from Sexual Offences Act, till trial of the case is over.