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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.