Pratheesh@ Anki vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.265/2022 of Mararikulam Police Station, Alappuzha. The offences alleged against the petitioner are under Sections 354D and 500 of the Indian Penal Code and Section 11(iv) r/w. Section 12 of the Protection of Children from Sexual Offence Act, 2012 (for short, 'the POCSO Act'). The accused was arrested on 20.03.2022 and has been in jail till date.

Smt.M.A.Sulfia, the learned counsel for the petitioner submitted that the allegations under the POCSO Act will not lie against the petitioner since there is no whisper of any such offence in the statement given by the victim and the same is incorporated only for denying the grant of bail to the petitioner. It is further submitted that since the petitioner has been in custody for the last more than sixty days, he should be enlarged on bail.

Sri.Noushad K.A., the learned Senior Public Prosecutor opposed the grant of bail and submitted that the petitioner is already involved in similar offences against the very same victim and that he is a threat to the victim, if granted bail.

The allegation against the petitioner as seen from the remand report is that he spoke ill of the defacto complainant and her mother. Petitioner has already been in custody since 20.03.2022.

Having considered the circumstances, I am of the view that since the petitioner has been in custody from 20.03.2022 he is liable to be enlarged on bail on the following conditions :-

i. Petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like sum to the satisfaction of the Investigating Officer.

ii. Petitioner shall not intimidate the victim involved in the crime nor shall he attempt to contact, interact or in any way attempt to interact with the victim or her family members.

iii. Petitioner shall not enter the limits of the police station within which the victim resides until the final report is filed.

iv. Petitioner shall co-operate with the investigation and shall appear before the Investigating Officer as and when required.

v. Petitioner shall not commit any offence similar to the offence alleged.

vi. If any of the above conditions are violated by the petitioner, the jurisdictional court can cancel the bail, in accordance with law, even though the bail is granted by this Court.

The Bail Application is allowed as above.