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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.804/2022 of the Palluruthy Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 324 and 506 of the Indian Penal Code, 1860 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.
The prosecution alleges that, petitioner is conducting a tuition centre by name 'Thakshashila Tuition Centre' at Palluruthy, Ernakulam. While so, the defacto complainant's four year old son, who was attending the tuition classes conducted by the petitioner was assaulted by the petitioner causing grievous hurt including 14 injuries on both legs and both arms for his inability to write alphabets, and thereby committed the offences alleged against him.
Sri.M.H.Hanis, learned counsel for the petitioner submitted that petitioner has been in judicial custody from 23.06.2022 onwards. It was submitted that the entire prosecution case is false and that the petitioner is totally innocent
Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and submitted that the allegations are serious in nature and that if the petitioner is released on bail, it would be a threat to other students to whom he is conducting tuition classes. It was also submitted that as per the certificate of examination issued by the Medical Officer, petitioner has a history of psychiatric illness.
I have considered the rival contentions.
The offences committed by the petitioner is undoubtedly very serious. The injuries caused on the body of the child are numerous, which itself indicates the gravity of the act allegedly committed by the petitioner. However taking into consideration the arrest of the petitioner on 23.06.2022, I am of the view that the continued detention of the petitioner is not necessary.
Since the Medical Officer has reported that the petitioner is on anti-depressants, it is necessary that, petitioner continues on regular medication without fail. In the circumstances an immediate relative of the petitioner must undertake to obtain regular outpatient medical treatment for the petitioner to prevent possible further injury to other persons or even to himself.
Thus, though I am inclined to grant bail to the petitioner, it is essential that sufficient conditions are imposed to enable the petitioner to undergo the required medical treatment. Accordingly, I allow this bail application on the following conditions:
a) The mother/father of the petitioner shall submit an undertaking in the form of an affidavit before the Jurisdictional Magistrate to provide regular outpatient medical treatment from the nearest medical facility and to take steps to prevent any injury being caused to any person or even to the petitioner himself.
(b) If the above affidavit is filed as directed, the 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.
c) Petitioner shall appear before the Investigating Officer on all alternative Saturdays between 9.00 am and 11.00 am until the final report is filed
(d) Petitioner shall co-operate with the trial of the case.
(e) 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;
(f) Petitioner shall not commit any similar offence while he is on bail.
(g) 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 the law, notwithstanding the bail having been granted by this Court.