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Judgment
Bechu Kurian Thomas, J
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.2767/2021 (wrongly shown as Crime No.2767/2022 in the Bail Application) of Kothamangalam Police Station for the offences under Sections 342, 363, 370, 376 AB of the Indian Penal Code, 1860 and Sections 4(2) r/w. Section 3(a) and (b), Section 6 r/w.5 (m) and Section 12 r/w Section 11 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that petitioner committed penetrative sexual assault using his finger on a victim, aged 5 years on 23.11.2021. When the victim complained of pain, she was taken to a hospital from where intimation was given and thereafter petitioner was arrested on 24.11.2021 and had been in custody since then.
Sri.Rafeek, the learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations and that he is a young boy, aged 20 years. It was further submitted that though he hails from the State of Assam, he is ready to furnish local sureties to ensure his presence during trial. It was also submitted that the final report in the case has already been filed and that no circumstances exist to continue the detention of the petitioner.
Sri.Noushad K.A., the learned Public Prosecutor, on the other hand vehemently objected to the grant of bail and submitted that the petitioner hails from Assam and there is no security that he may be available for trial. It was further submitted that the offence alleged against the petitioner is heinous in nature and committed against a five year old child.
The petitioner was arrested on 24.11.2021 and since then he has been in custody. He is only a 20 year old young man. The offences alleged against him, though serious and heinous, still the very fact that petitioner has been in custody for the last 202 days cannot be ignored. Therefore if the presence of the accused can be ensured during trial, I find no reason to continue the detention of the petitioner. Since the petitioner has offered to furnish local securities, I am inclined to allow this application in the peculiar circumstances of the case.
Accordingly this application for regular bail is allowed on the following conditions :-
(a) The petitioner shall be released on bail on his executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) The sureties to be furnished shall be local sureties.
(c) The petitioner shall not enter the limits of the Kothamangalam Police Station until conclusion of the trial except as mentioned in condition No.(d) below.
(d) The petitioner shall report before the Investigating Officer on the 2nd Saturday of every month till the conclusion of the trial and for the said purpose alone, he shall enter into the jurisdictional limits of the Kothamangalam Police Station.
(e) The petitioner shall provide all the mobile numbers to the Investigating Officer and shall also file an affidavit before the jurisdictional court mentioning his residential address and his mobile phone number.
(f) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(g) The petitioner shall not commit any similar offence while he is on bail.
(h) The petitioner shall not leave the State of Kerala 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.