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Judgment
Bechu Kurian Thomas, 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.427/2022 of Tirurangadi Police Station, Malappuram District registered for offences under Section 342 of the Indian Penal Code, 1860 and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that the petitioner being a Pharmacist in a medical shop induced the victim boy of 16 years, who had come to purchase medicines, and took him to the store room of the medical shop and touched the genitals of the victim and also caused the victim to touch the genitals of the petitioner, thereby committing the offences alleged against him.
Sri.Babu S.Nair, the learned counsel for the petitioner contended that petitioner is totally innocent and the entire allegations are false.
Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a serious offence and there is every possibility that he may abscond the victim.
Taking� note� of� the� fact� that� petitioner� was� arrested� on 22.06.2022, I am of the view that continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed 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 appear before the Investigating Officer as and when required.
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or his family members.
(iv) Petitioner shall not commit any offence while he is on bail.
(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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 the law, notwithstanding the bail having been granted by this Court.