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Judgment
Petitioner herein is the sole accused in Crime No.350 of
2017 of Chakkarakkal Police Station for offences punishable under
sections 3(a) r/w 4 and 5(1)(m)(p) r/w section 6 of the Protection of
Children from Sexual Offences Act.
The allegation of the prosecution is that exploitating the
acquaintance of the accused with a 10 year old minor boy as his
teacher in the Madrassa, petitioner herein had sexually harassed
the victim continuously by indulging in penetrative sex with the
boy. It was later disclosed by the boy, whereupon, crime was
registered. Petitioner herein was arrested on 08.04.2017 and he is
in custody. He seeks bail.
It is submitted by the learned Public Prosecutor that
the petitioner herein has repeatedly subjected the minor boy to
sexual exploitation and that, if he is released on bail, there is a
possibility of he threatening the witness or interfering in the
judicial process.
However, having considered the fact that the petitioner
is in custody since 08.04.2017, that, he is a 36 year old person and
further fact that section 164 Cr.P.C statement of the victim has been recorded, I feel that bail can now be granted, of course
subject to strict conditions to ensure that the victim is insulated
against any mental or physical pressure by the petitioner.
(i) Petitioner shall execute a bond for a
sum of Rs.60,000/- (Rupees sixty thousand only)
with two sureties for the like sum each to the
satisfaction of the jurisdictional Court.
(ii) He shall appear before the Investigating
Officer on all Tuesdays between 9 a.m. and 10 a.m.
for a period of two months from the date of his
release or till the final report is filed, whichever is
earlier.
(iii) Except for the compliance of the above
condition or for appearance in a Court of law where
his appearance is mandatorily required, he shall not
enter the limits of Chakkarakkal Police Station till
the final report is laid. In case of emergency, he
may move court below for requisite permission to
enter during the above period.
(iv) He shall not threaten, coerce or
intimidate the de facto complainant and the
witnesses nor shall he interfere in the process of
investigation.
(v) He shall not get involved in any other
identical offences.
The bail application is allowed as above.