K.T Mathayi vs State Of Kerala

Gopinath P., J

The petitioner is the sole accused in Crime No.365 of 2023 of Rajapuram Police Station, Kasaragod District, alleging commission of offences under Sections 354A(1)(i), 354D(1)(i) of the Indian Penal Code, 1860 and Section 9(1)(m) read with Sections 10, 11 read with Section 12 of POCSO Act, 2012. The allegation against the petitioner is that from 2014 till 05.08.2023, the petitioner had committed sexual assault on a minor victim who is the neighbour of the petitioner. It is also alleged that the petitioner used to regularly stalk the victim and had also shown dirty gestures whenever he saw the victim.

Learned counsel for the petitioner would submit that the petitioner is a 73 year old man. It is submitted that the petitioner is absolutely innocent of the allegations levelled against him and that the allegation had been falsely raised solely on account of the fact that the petitioner had occasioned to file a complaint against the family members of the minor victim regarding theft of a gold chain. It is submitted that the petitioner has been in custody from 08.08.2023 and further detention of the petitioner is not necessary, in the facts and circumstances of the case.

The learned Public Prosecutor refers to the facts and points out that the investigation is only progressing. It is submitted that the allegation is that over a long period of time, the petitioner has been sexually harassing the minor victim. It is submitted that since the petitioner and minor victim are neighbours, it may not be conducive to release the petitioner on bail at this point of time.

The petitioner is a 73 year old man. He has been in custody from 08.08.2023. The allegations against him are those noticed above. Considering the above circumstances, I am of the view that the petitioner can be granted bail subject to strict condition that the petitioner shall not enter the local limits of Rajapuram Police Station.

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.365/2023 of Rajapuram Police Station on every Saturday at 11 a.m until further orders.

(iii) The petitioner shall not enter the local limits of the Rajapuram Police Station where the defacto complainant is residing except for the purpose of complying with condition No.(ii) or for the purpose of appearing before any court.

(iv) The petitioner shall not interfere with the investigation, influence or intimidate the victim or any witness in Crime No.365/2023 of Rajapuram 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.365/2023 of Rajapuram Police Station may file an application before the jurisdictional Court for cancellation of bail.