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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 1st accused in Crime No.1607/2022 of Pooyappally Police Station, Kollam, alleging offences punishable under Sections 341, 354, 354B, 451 and 506(i) r/w Section 34 of the Indian Penal Code 1860 and Sections 5(n), 6, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
According to the prosecution, the accused who is the husband of the elder sister of the defacto complainant had outraged the modesty of the defacto complainant by forcefully tearing off her dress and catching hold of her breast under the guise of removing evil spirits from her body and committed the offences alleged.
Sri.Latheesh Sebastian, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 29.11.2022 in respect of the incident alleged to have occurred in 2019 and therefore, the continued detention of the petitioner is not warranted by the circumstances of the case.
Sr.Noushad.K.A, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious, and that since the investigation is still continuing, releasing the petitioner at this juncture would cause prejudice to the investigation.
I have considered the rival contentions.
Having regard to the nature of allegations and also the period of detention already undergone, I am of the view that further detention is not essential for the purpose of investigation.
Accordingly, this application is allowed on the following conditions:-
a) Petitioner shall be released on bail on him 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.
b) Petitioner shall appear before the Investigating Officer as and when required.
c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.
d) Petitioner shall not commit any similar offences while he is on bail.
e) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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.