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Judgment
Application for pre-arrest bail.
The petitioner is the sole accused in Crime No.1049/2020 Kodakara Police Station, Thrissur District registered for the offences punishable under
Sections 354 (1)(i), 354A (1)(ii), 354A(1)(iv), 506 and 509 of the Indian Penal Code and Sections 11(i), 11(vi) of the Protection of Children from
Sexual Offences Act.
The prosecution case is that on 21.06.2020 at about 1.00 p.m, the petitioner called the defacto complainant through phone and with the intention to
make request for sexual favours, uttered obscene words towards her and thus sexually harassed her and thereby committed the aforesaid offences.
The learned counsel for the petitioner has submitted that he is totally innocent of the allegations levelled against him. But he apprehends arrest and
hence this application.
The learned Public Prosecutor has submitted that the investigation is almost over and now the defacto complainant is having no serious complaint
against this petitioner.
Considering the nature of the accusations levelled against this petitioner as well the other facts and circumstances involved in this case, I think that
pre-arrest bail can be granted to this petitioner subject to the following conditions:
(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the
like sum each to the satisfaction of the investigating officer in the event of his arrest.
(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) He shall co-operate with the investigation and trial of the case.
(iv) He 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.
(v) He 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.