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Judgment
Application for regular bail.
Petitioner is the sole accused in Crime No. 6 of 2021 of Vanitha Police Station, Kasaragod registered for the offences punishable under Sections
354, 354(A) of Indian Penal Code and Section 9(a)(1) read with Section 10 of Protection of Children from Sexual Offences Act.
The petitioner has been in custody since 09.01.2021.
The prosecution allegation is that on 04.01.2021 at about 6.15 a.m. while the defacto complainant was going along the public road for morning walk
at Udayagiri, the petitioner approached her and under the guise of assisting her in doing exercise committed sexual assault on her and tried to outrage
her modesty and thereby committed the aforesaid offences.
The learned counsel for the petitioner would submit that he is totally innocent of the allegations levelled against him. He as a police officer has
approached the victim and he has not committed any offence as alleged by the prosecution.
The learned Public Prosecutor would submit that investigation of the case is well in progress. The victim involved in this case is aged only 17 years.
Considering the nature of the accusations levelled against this petitioner and the present stage of investigation, I do not think that further detention of
this petitioner is necessary for the investigating agency to file the final report in this case. Therefore, considering the period of detention undergone by
the petitioner in judicial custody as well the present stage of investigation, I am inclined to release the petitioner on bail.
Therefore, this application is allowed subject to the following conditions:
(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees fifty thousan only) with two solvent sureties for
the like sum each to the satisfaction of the court having jurisdiction.
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the
investigation of the case.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.