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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. 399/2022 of Adhur Police Station. The offences alleged against the petitioner are under Section 377 of the Indian Penal Code, 1860 and Sections 4(2), 3(c), 6(1), 5(1) and 5(p) of the Protection of Children from Sexual Offences Act, 2012
According to the prosecution, the accused, who is an ‘Usthad’ in a Darz class, committed penetrative sexual assault on the male victim on several occassions and thereby committed the offences alleged.
P.Haridas, learned Counsel for the petitioner submitted that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that since the petitioner was arrested on 10.06.2022, the continued detention of the petitioner is not warranted.
Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that offence alleged against the petitioner is heinous in nature and the petitioner being a religious leader, has committed a grave crime.
I have gone through the statement given by the victim as well as the connected records. Though the offences alleged against the petitioner are serious in nature, since he was arrested on 10.06.2022, I am of the view that the continued detention is not warranted. Accordingly, I allow this application with the following conditions:
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not enter into the jurisdictional limits of the Adhur Police Station till the conclusion of the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave India 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..