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Judgment
Ashok Menon, J
APPLICATION FOR REGULAR BAIL
The applicant is the sole accused in Crime No.287/2021 of Kunnamkulam Police Station for having allegedly committed offences punishable under
Sections 4(2) r/w 3(b)(d) and 6(1) r/w 5(1)(m)(p) of POCSO Act and under Section 376 AB and 376(2)(n) IPC and Section 75 of the JJ Act.
The prosecution case in brief, is that, the applicant was a driver of a School van in which students were being climbed from their homes to their
school named Blooming Buds School at Vellithuruthi was also plying the victim child aged 5 years. It is alleged that during the period from August
2019 to March 2020, the applicant had on several days committed penetrative sexual assault and rape on the aforesaid victim. The applicant was
arrested on 14.03.2021 and he is in remand since then. The bail application before the I-Additional Sessions Judge, Trissur was dismissed vide
Annexure-II order dated 20.04.2021. He, therefore, seeks indulgence of this Court.
Heard the learned counsel appearing for the applicant and the learned Public Prosecutor.
The applicant has been in custody for 91 days and the final report is not yet filed. Under the circumstances, without going into the merits of the
case, the applicant is entitled to statutory bail under Section 167(2) Cr.P.C.
In the result, the application is allowed and the applicant is directed to be released on bail on the execution of a bond for Rs.50,000/-(Rupees Fifty
thousand only), with two solvent sureties, each for the like amount to the satisfaction of the jurisdictional court and on following further conditions:
(i) He shall appear before the Investigating Officer as and when called for.
(ii) He shall not intimidate or influence witnesses and tamper with evidence.
(iii) He shall not leave the jurisdiction of his residence until further orders.
(iv) He shall not get involved in similar offences during the currency of the bail period.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to apply for cancellation of the bail before the jurisdictional court.
The bail application is allowed.