Hari Kumar M C vs State Of Kerala

Gopinath P, J

The petitioner is the 2nd accused in Crime No.266/2021 of Cherupuzha Police Station, Kannur District alleging commission of offences under Sections 363, 323 read with Section 34 of the Indian Penal Code read with Section 7 & 8 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that he along with other accused kidnapped the victim boy and molested him in a car belonging to the 1st accused. The victim boy is stated to be mentally retarded.

The learned counsel for the petitioner submits that the petitioner who is the Principal of Govt. School, Rayarom is absolutely innocent of the allegations levelled against him. It is submitted that the 1st accused had lent some money to the mother of the victim boy and the allegations are raised after the 1st accused demanded repayment of the money. It is also submitted that the petitioner has been in custody from 31-10-2021 and that further detention of the petitioner is not necessary for the purpose of investigation in this case.

The learned Public Prosecutor on instructions would submit that the alleged incident took place on 31-08-2021 and when the victim boy had gone outside to purchase tea and snacks for his mother who was admitted to the hospital. It is submitted that there are CCTV visuals which have been recovered by the police which would suggest that the petitioner along with other accused were in the vicinity of the hospital from where the victim boy allegedly kidnapped on the date of the incident. It is submitted that the allegations against the petitioner are serious and the grant of bail will affect the investigation of the case.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 31-10-2021 and also considering the fact that further custodial interrogation of the petitioner may not be necessary for investigation into the crime, I am of the view that the petitioner can be granted bail subject to strict conditions.

In the result 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.266/2021 of Cherupuzha Police Station on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation,

influence or intimidate the victim or any witness in Crime No.266/2021 of Cherupuzha Police Station;

(iv) The petitioner shall not enter the local limits of Cherupuzha Police Station station where the victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) 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.266/2021 of Cherupuzha Police Station may file an application before the jurisdictional Court for cancellation of bail.