Muhammed Faizal vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicants are the accused Nos. 1 to 4 in Crime No.108/2023 of Chadayamangalam Police Station. The offences alleged are punishable under Sections 341, 354A(1)(iv), 509 read with Section 34 of Indian Penal Code and 11(1) and 12 of POCSO Act.

The prosecution case, in short, is that, on 18.01.2023, at about 7.00 p.m, while the minor victim girl along with her father were returning from tuition center, the applicants wrongfully restrained them and abused them, questioning as to who is the girl and why this minor girl accompanied him and also made demand for sexual favours with sexual intention. It is alleged that, thereafter the applicant physically and mentally harassed the father of the minor and he committed suicide.

I have heard Sri.C.R Jayakumar, the learned counsel for the applicants and Sri.V.S Sreejith, the learned Public Prosecutor. Perused the case diary.

The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

The applicants were remanded to judicial custody on 25.01.2023. The investigation in this case is over and the final report has already been filed. The applicants were already released on bail in a connected case. For all these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

In the result, the application is allowed on the following conditions: -

(i) The applicants shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) each with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicants shall not commit any offence of a like nature while on bail.

(iii) The applicants shall not 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.

(iv) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.