AI Structured Summary
Not yet generated for this judgment
Judgment
Gopinath P., J
The petitioner is the accused in Crime No.766/2023 of Pariyaram Medical College Police Station, Kannur alleging alleging commission of offences under Section 354 A (l) (i) of the Indian Penal Code and Section 7 read with Section 8 of the Protection of Children from Sexual Offences Act, 2012.
The allegation against the petitioner is that on 26-07-2023 at about 5.45 p.m when the minor victim girl aged 17 years was traveling in a bus, the petitioner had sexually assaulted her by repeatedly nudging her on her right breast and stomach with his elbow with sexual intent and thereby he outraged her modesty.
The learned counsel appearing for the petitioner would submit that the petitioner is suffering from schizophrenia and has been under treatment from the year 1986 as is evident from Annexure-A1. It is submitted that the petitioner has been in custody from 26-07-2023 and has completed more than 40 days in custody. It is submitted that further detention of the petitioner is not necessary in the facts and circumstances of the case.
The learned Public Prosecutor refers to the allegations raised against the petitioner. It is submitted that though no criminal antecedents hve been reported against the petitioner, the allegations against the petitioner are serious. It is also confirmed that the investigation has been completed and the final report will be filed before the competent court shortly.
Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail.
The investigation of the case has been completed and final report is being filed in the matter shortly. No criminal antecedents reported against the petitioner. The petitioner has been in custody for more than 40 days and in the facts and circumstances of the case it is not necessary to continue the petitioner in custody. Accordingly this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;
(ii) The Petitioner shall appear before the investigating officer in Crime No.766/2023 of Pariyaram Medical College Police Station, Kannur as and when called upon to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.766/2023 of Pariyaram Medical College Police Station, Kannur;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.766/2023 of Pariyaram Medical College Police Station, Kannur may file an application before the jurisdictional Court for cancellation of bail.