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Judgment
Johnson John, 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.52 of 2024 of Hosdurg Police Station, Kasaragod District, registered for offence punishable under Section 10 r/w 9(f) of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’).
The prosecution case is that the accused is conducting a Tuition Centre in building No.III/1836 of Kanhangad Municipality near Kanhangad Bus stand and on 11-01-2024 at about 18.00 hours, the accused summoned the minor victim to the office room and with sexual intention he talked to her and pressed on her cheek and thereby committed the aforesaid offence.
Learned counsel for the petitioner pointed out that the accused is in custody from 27-04-2024 and that the investigation of the case is almost over and therefore, his further detention is not at all required.
Learned Public Prosecutor also conceded that the investigation is over and the final report has already been filed and in the above circumstances, bail can be granted to the petitioner subject to conditions :
In the result, this application is allowed on 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 appear before the Investigating Officer in Crime No. 52 of 2024 of Hosdurg Police Station on every second Saturdays at 11.00 a.m. once in a month.
iii. The petitioner shall not attempt to interfere with the investigation or to influence any witness in the above said crime;
iv. The petitioner shall not involve in any other crime while on bail.
If any of the above conditions are violated, the Investigating Officer in Crime No.52 of 2024 of Hosdurg Police Station, can file application before the jurisdictional court, for cancellation of bail.