K.A.Hassan Abdullah vs State Of Kerala

A. Badharudeen, J

This is an application for regular bail filed by the sole accused in Crime No.112 of 2024 of Cheruthuruthy Police Station, under Section 439 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the case diary and report of the Investigating Officer placed by the learned Public Prosecutor.

The prosecution case is that at about 22.30 hours on 22.01.2024, while the defacto complaint, who is aged 14 years, was sitting along with his friend in a shed used as a club at Arangottukara, the accused, aged about 40 years, who was engaged in sale of mattresses, showed the picture of the mattresses to the defacto complainant and under this pretext caught on the penis of the defacto complainant and thereby he was subjected to sexual assault. Further he brought the minor along with him to his residence and caught on his penis again and thereby committed offences punishable under Section 451 of the Indian Penal Code and Section 8 r/w 7, 10 r/w 9(l), 18 of 4(1) r/w 3(a) of Protection of Children from Sexual Offences Act (`PoCSO Act’ for short).

The learned counsel for the petitioner submitted that the petitioner was granted interim bail as per order dated 16.04.2024 and thereafter the petitioner appeared before the Magistrate and his custody for the purpose of investigation is over. Therefore, he pressed for anticipatory bail to the petitioner.

Whereas the learned Public Prosecutor submitted that the investigation in this crime is going on.

Even though this Court granted interim direction as per order dated 16.04.2024, in paragraph 3 of the order, this Court made it clear that the interim order would be in force only till 24.05.2024 and the same would not give any benefit to the petitioner at the time of final hearing, if prosecution wants custodial interrogation of the petitioner.

Going by the F.I statement and records, it is emphatically clear that the accused subjected the defacto complainant to sexual assault. But the allegations are not so serious and effective investigation is possible even without custodial interrogation. Therefore, by directing the petitioner for subjecting himself for interrogation and medical potency test, the petitioner can be enlarged on bail on conditions:

(i) The accused/petitioner shall surrender before the Investigating Officer for 2 days, ie. on 30.05.2024 and 31.05.2024, in between 10 a.m and 1 p.m, for interrogation and medical potency test. The Investigating Officer can interrogate him and on completion of interrogation and conduct of medical test within the time specified, if he will be arrested, he shall be produced before the Special Court forthwith.

ii. On such production, the Special Court shall release him on bail on his executing bond for Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties each for the like amount to the satisfaction of the special court concerned.

iii. Accused/petitioner shall co-operate with the investigation and shall be available for trial. He shall visit the Investigating Officer on every Monday in between 9 a.m and 12 noon for a period of one month and also appear before the Investigating Officer as and when directed.

iv. Accused/petitioner shall not leave India without prior permission of the jurisdictional court.

v. Accused/petitioner shall not involve in any other offence during the currency of bail and any such event, if reported or came to the notice of this Court, the same shall be a reason to cancel the bail hereby granted.