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Judgment
Bechu Kurian Thomas, J.
This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the accused in Crime No.231/2022 of Payyannur Police Station. The offences alleged against the petitioner is under Section 354 A1(i), 354B, 354D1(i), 511 r/w 376 of the Indian Penal Code, 1860 and Section 10 r/w 9(f)(I)(p), 12 r/w 11 (iv) of Protection of Children from Sexual Offences Act, 2012.
The prosecution allegation is that the petitioner-a private teacher, who was engaged to teach the victim, attempted to commit rape on her, when she came to attend the tuition classes. It is alleged that on one occasion petitioner pressed on the breast of the victim and on another occasion, he attempted to molest her. On the basis of the complaint, the petitioner was arrested on 27.03.2022.
Sri.S.Rajeev, learned counsel for the petitioner submitted that petitioner had voluntarily surrendered on 27.03.2022 to prove his innocence and that the allegations against him are totally false and without any basis.
Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand submitted that the petitioner had been very calculative in his attempts and had carried out his attempts with intent to rape the victim. It was also submitted that though the victim managed to wriggle out of rape, still the petitioner is guilty of the offences alleged against him.
Considering the circumstances pointed out by the learned counsel for the petitioner as well as the learned Public Prosecutor, and on perusing the statement given by the victim, I am of the view that though the offences alleged against the petitioner are serious in nature, still considering the fact that the petitioner has been in jail from 27.03.2022, continued detention of the petitioner is not required in this case. However, strict conditions ought to be imposed upon the petitioner, so as to ensure his presence during trial as well as to prevent any threat or intimidation or interference with the victim and her family members. The fact that the final report was filed on 31.03.2022, also persuades me to release the petitioner on bail.
Accordingly, this bail application is allowed and petitioner is enlarged on bail on the following conditions:
i) Petitioner shall be released on bail on his 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.
ii) Petitioner shall co-operate with the trial of the case.
iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
iv) Petitioner shall not commit any similar offence while he is on bail.
v) Petitioner shall not enter into the jurisdictional limits of Payyannur Police Station.
v) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional court.
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 law, notwithstanding the bail having been granted by this Court.