Loojin vs State Of Kerala

Ziyad Rahman A.A, J

The Petitioner, is the accused in Crime No.104/2023 of Kazhakkoottam Police Station. The offences alleged are under Sections 354, 354A(1)(i) of IPC and under Section 8 read with 7, Section 10 read with 9(f) and 9(l) of the POCSO Act.

The prosecution case is as follows: The petitioner is a conductor of a school bus. The victim, a girl aged 13 years, was a regular passenger on the said school bus. On 14.12.2022 at about 3.30 p.m., the petitioner sexually assaulted her by sitting near her seat, and caught hold of her hand, leg and breast. Similar acts were repeated till 22.12.2022, and the crime was registered in such circumstances as the matter was reported to the Police. In connection with the investigation of the said case, the petitioner was arrested on 26.01.2023, and since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri. M.R.Sarin, the learned counsel appearing for the petitioner and Sri.M.P. PrasHanth, the learned Public Prosecutor for the State.

The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, the petitioner is a person, working as a conductor for the past seven years and till this time there were no complaints from any corner against him. According to him, the petitioner only questioned the habit of the victim in regularly using the mobile phone. The complaint was submitted as a retaliation to the same with false allegations. The learned counsel further submits that the petitioner has been in custody since 26.01.2023, and further incarceration is not necessary. Therefore, he seeks bail.

On the other hand, the learned Public Prosecutor would oppose the aforesaid contention. According to him, the statement of the victim indicates the sexual assault committed by the petitioner and the investigation in the matter is already completed, and final report submitted, wherein the offence under Section 506 was also incorporated. However, the learned Public Prosecutor further pointed out that, if the petitioner is released on bail, he is likely to influence the victim and the witnesses. Therefore, dismissal of the bail application is sought.

I have gone through the records and heard the contentions of both sides. There are indeed materials indicating the offences committed by the petitioner, as is revealed from the statement of the victim. However, the petitioner remains in judicial custody since 26.01.2023, and more than 50 days have elapsed. There is substantial progress in the investigation. In such circumstances taking note of the nature of the allegations and the period of detention that the petitioner had undergone, I deem it appropriate to pass an order directing the release of the petitioner. Even though the learned Public Prosecutor highlighted certain apprehensions regarding the possible interference in the trial by influencing the victim, I am of the view that the same can be addressed by incorporating appropriate conditions in this regard.

In such circumstances, this bail application is allowed, and the petitioner is released on bail subject to the following conditions:

i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh 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 as and when required.

iii) The petitioner shall not commit any offence of similar nature while on bail.

iv) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

v) The petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.

vi) The petitioner shall surrender his passport before the Jurisdictional court, and, if he does not have a passport, an affidavit to that effect shall be filed.

vii) The petitioner shall not enter into the limits of the Kazhakuttom Police Station until further orders, except to report to the police, if necessary, in compliance with the directions issued by the court

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.