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Judgment
Ashok Menon, J
Applications for regular bail under Section 439 Cr.PC.
The applicant is the accused in two crimes. BA No.3903/2021 pertains to crime No.139/2021 of Veeyapuram Police Station while BA
No.3926/2021 pertains to Crime No.140/2021 of the same Police Station. The accused has allegedly committed offences punishable under Sections
342, 376(2)(n), 376AB, 354 and 354(B) IPC and under Sections 4(1) (2) read with Sections 3(a)(b), 6 read with 5(1)(m), 8 read with 7, 10 read with
9(l)(m) and 12 read with 11(i)(ii) of the POCSO Act.
The victims in both these cases are sisters aged 9 and 12 years, respectively. They were allegedly sexually harassed and abused by the applicant,
who is aged 70 years. He is a neighbour of the victims. The applicant was arrested on 15.3.2021 and continues in prison. He has been in custody for
more than 90 days and final report is yet to be filed. Under the circumstances, the applicant is entitled to statutory bail in both these crimes under
Section 167 (2) Cr.PC.
Hence, the bail applications are allowed and the applicant is directed to be released in both these crimes on execution of a bond for Rs.50,000/-
(Rupees fifty thousand only) on each of the crimes with two solvent sureties each for the like amount to the satisfaction of the jurisdictional court, and
on the following other conditions:
1.He shall appear before the investigating officer on all Saturdays between 9 am and 12 noon for a period of two months;
2.He shall not enter the jurisdiction of Veeyapuram Police Station, except for compliance of condition No.1, until the prime witnesses are examined before the court.
3.He shall not attempt to influence or intimidate the witnesses; and
4.He shall not get involved in similar offences during the currency of the bail.
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In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional Court.