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Judgment
Bechu Kurian Thomas, J
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.649/2022 of Town West Police Station, Thrissur. The offences alleged against the petitioner are under Sections 7 r/w Section 8 of the Protection of Children from Sexual Offences Act, 2012.
Petitioner is a retired military Officer, who is alleged to have caught hold of the male organ of the victim on 26.06.2022 and thereafter kissed and hugged him and thereby committed the offences alleged.
Sri.Nidhi Balakrishnan, learned counsel for the petitioner submitted that petitioner, who is aged 71 years, trains persons/students for participating in the military examination. Though petitioner has been providing assistance to persons, in search of employment in the military for the last several years, none has ever raised an allegation against him. According to the learned Counsel for the petitioner, the allegations are totally false and the petitioner is innocent and the further detention will be too harsh on the petitioner .
Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a heinous crime, that too against a minor boy.
On a perusal of the records of the case, I notice that petitioner was arrested on 28.06.2022. Though prima facie there are materials to connect the petitioner with the crime, taking note of the background of the petitioner and the circumstances that led to alleged crime, I am of the view that the continued detention of the petitioner is not required in this case. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(i) Petitioner shall be released on bail on his executing a 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.
(ii) Petitioner shall appear before the Investigating Officer as and when required;
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members;
(iv) Petitioner shall not commit any similar offence while he is on bail.
(v) 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 law, notwithstanding the bail having been granted by this Court.