Joseph K.C vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.877 of 2023 of Hosdurg Police Station, Kasaragod District, alleging commission of offences under Section 354A(1)(iv) of the Indian Penal Code, 1860 and Section 12 r/w 11(i) of POCSO Act, 2012. The allegation of the petitioner is that the petitioner who was the karate master of the minor victim girl had committed offences alleged against him by using sexually coloured words while the victim was travelling as pillion rider on a motorcycle being ridden by the petitioner.

Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the crime and that the petitioner is absolutely innocent in the matter. It is submitted that there are no criminal antecedents reported against the petitioner and that the petitioner has been in custody from 05.08.2023. It is submitted that the final report has already been filed in the matter and continued detention of the petitioner is absolutely unnecessary in the facts and circumstances of the case.

Heard the learned Public Prosecutor also. Having regard to the facts and circumstances of the case, considering the fact that a final report has already been filed and also considering the fact that the petitioner has been custody from 05.08.2023, I am of the view that the petitioner can be directed to be released on bail.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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 report before the Investigating officer in Crime No.877/2023 of Hosdurg Police Station on every Saturday at 11 a.m until further orders.

(iii) The petitioner shall not enter the local limits of the Hosdurg Police Station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) above.

(iv) The  petitioner  shall  not  interfere  with  the investigation, influence or intimidate the victim or any witness in Crime No.877/2023 of Hosdurg Police Station;

(iv) The petitioner shall not involve in any other crime while on bail.

(v) The petitioner shall not contact the victim in any manner.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.877/2023 of Hosdurg Police Station may file an application before the jurisdictional Court for cancellation of bail.