Dominic George vs State Of Kerala

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.467 of  2022 of Mannar Police Station, Alapuzha District, registered for the offences punishable under Sections 354, 354(A)(1)(i) of the Indian Penal Code, 1860 and also under Section 8 r/w Section 7 and Section 10 r/w Section 9 - l of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that on 26.07.2022 at about 8 p.m., the petitioner attempted to hug the defacto complainant on a public road and pressed the breast of the minor girl, aged 16 years and thereby committed the offences alleged.

Sri.Harikumar P.R., the learned counsel for the petitioner submitted that the entire prosecution case is false and the incident as alleged had not occurred. It was further submitted, relying upon Annexure-A1 disability certificate, that petitioner is a 100% visually impaired person and, therefore, the incident could not have occurred as alleged. He further submitted that in any event, since the petitioner was arrested on 30.07.2022, the continued detention of the petitioner is not warranted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature and that the allegation of 100% visual impairment is not correct due to various factors. It was further submitted that the victim had clearly mentioned that petitioner is able to see things nearby and the statement of 100% disability cannot be disbelieved especially since the petitioner is the neighbour of the victim.

I have considered the rival contentions.

Having regard to the fact that the petitioner was taken into custody on 30.07.2022 and considering the nature of allegations apart from the visual impairment as certified by the Government in Annexure-A1, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner  shall  appear  before  the  Investigating

(c) Petitioner  shall  not  intimidate  or  attempt  to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offence while he is on bail.

(e) 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 the law, notwithstanding the bail having been granted by this Court.