Sree Hari R vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.501/2022 of Kalamassery police station, alleging commission of offences under Sections 370A, 354A(i) and Section 8 r/w.7 of the Protection of Children from Sexual Offences Act.

Allegation against the petitioner is that the petitioner sexually abused the minor victim girl pretending to be in love with her and thereby he committed the offences alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner and the victim girl had become friends over social media and the same had developed to a relationship between them. On 04.05.2022, on the alleged day of incident, the victim travelled from Ernakulam to Kollam to see the petitioner. It is submitted that the petitioner never insisted that the victim to come to Kollam to see him. It is submitted that the victim reached petitioner’s house by 10.00 pm (on that day) and the petitioner informed the matter to his mother. It is submitted that the next day morning, the petitioner dropped her back to her house. It is submitted that the petitioner has not committed any of the offences alleged against him. It is submitted that the petitioner is a 22 year old student and has been arrested and detained in respect of the above charges on 22.05.2022. It is submitted that considering facts and circumstances of the case and also considering the nature of allegations, continued detention of the petitioner is absolutely not necessary.

Learned Public Prosecutor pointed out the facts and circumstances of the case from the records. It is submitted that there are clear allegations which would suggest that the petitioner had committed the offences alleged against him.

In reply, the learned counsel for the petitioner submitted that even in the statement by the victim recorded under Section 164 Cr.P.C. does not disclose the commission of offences by the petitioner.

Considering the facts and circumstances of the case and and taking into account the fact that the continued detention of the petitioner does not appear to be necessary for a proper investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No. 501/2022 of Kalamassery Police station as and when called upon to do so;

(iii) The  petitioner  shall  not  attempt  to  interfere  with  the investigation or to influence or intimidate the victim or any witness in Crime No. 501/2022 of Kalamassery police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.501/2022 of Kalamassery police station may file an application before the jurisdictional court, for cancellation of bail.