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Judgment
Bechu Kurian Thomas, J
1.This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
Petitioners are accused 2, 3 and 4 in Crime No.275/2022 of Manjeri Police Station. The offences alleged against the petitioners are under Sections 114, 342,367, 377 of the Indian Penal Code, 1860 and Section 5(I)(g) r/w Section 6,11(iv)(vi) r/w Section 12, 16, r/w Section 17 of Protection of Children from Sexual Offences Act, 2012.
The prosecution allegation is that petitioners committed unnatural offence on a minor boy, aged 17 years in a lodge in Perinthalmanna and thereby committed the offences alleged against them.
Sri.K.C.Eldho, learned counsel for the petitioner submitted that petitioners are totally innocent and are falsely arrayed as accused. It was further pointed out that on a perusal of the FI statement, it can be noticed that names of the petitioners were not mentioned by the victim and that they have been subsequently arrayed without any basis.
Smt.M.K.Pushpalatha, learned Public Prosecutor, on instructions, submitted that petitioners have committed serious offences and ought not be released on bail. It was also pointed out that petitioners were arrested on 12.05.2022.
Considering the circumstances of the case and after perusing the FI statement, I am of the view that the continued detention of the petitioner is not required in this case Accordingly, this bail application is allowed and the petitioners are enlarged on bail on the following conditions:
i) Petitioners shall be released on bail on them executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) each with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
ii) Petitioners shall co-operate with the trial of the case.
iii) Petitioners shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
iv) Petitioners shall not commit any similar offence while they are on bail.
v) Petitioners shall not leave the country 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.