Sreeraj vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1092 of 2023 of Karunagapally Police Station, Kollam District, alleging commission of offences under Sections 354A(1)(i) and 506(i) of the Indian Penal Code and Sections 8, 7, 10 and 9(l)(m) of the POCSO Act. The petitioner, who is stated to be in a relationship with the mother of the minor victim, is alleged to have sexually abused the minor victim in the month of April 2023. The petitioner was arrested on 25.08.2023 and has been in custody since that date. The petitioner is, as on date, entitled to statutory bail.

At the request of this Court, Adv.Parvathy Menon, representing the Victim Rights Centre had placed a report for the consideration of this Court, after interacting with the minor victim. The report also contains the report of the Counsellor attached to the Family Counselling Centre of the High Court Legal Services Committee. The report clearly suggests that the minor victim may be influenced or intimidated if the petitioner is released on bail. However, since the final report has not been filed, the petitioner is entitled to statutory bail as on date. Therefore, I direct that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute a 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) The petitioner shall report before the Investigating officer in Crime No.1092 of 2023 of Karunagapally Police Station, Kollam District as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate the victim or any witness in Crime No.1092 of 2023 of Karunagapally Police Station, Kollam District;

(iv) The petitioner shall not enter the local limits of Karunagapally Police Station until further orders, except for compliance with any condition imposed by this order or for appearance before any court or authority;

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

If any of the aforesaid conditions are violated, it will be open to the Investigating officer in Crime No.1092 of 2023 of Karunagapally Police Station, Kollam District, to approach the Jurisdictional Court for cancellation of bail. The contents of the report placed before this Court by Adv.Parvathy Menon shall not be retained as part of record in this case and shall be destroyed forthwith. I consider this necessary in order to protect the victim. This Court places on record its sincere appreciation for the efforts put in by Adv.Parvathy Menon and the Victim Rights Centre in assisting this Court in this matter.