AI Structured Summary
Not yet generated for this judgment
Judgment
C.Jayachandran, J
The 5th accused in Crime No.477 of 2022 of Kadakkal Police Station is the petitioner in this application for regular bail. The offences alleged are under Sections 363, 366(A), 376, 376(2)(n), 506(1) and 509 of the Indian Penal Code, read with Section 3(a), r/w 4,,6,5(i), 8, 7, 12, r/w Section 11, 11(ii) and 11(iv) of the PoCSO Act, 2012.
Although serious allegations are levelled against accused Nos.1 to 4, the specific allegation against the 5th accused is that he had seduced the victim girl in the bus and used to sit close to her body. He took the mobile number of the victim and used to send his nude photos to her. The victim also sent one photo to the petitioner/Accused No.5. He used to pester the victim with messages and calls, thus committing such of the offences as are attracted, out of the offences enumerated above.
Heard the learned counsel for the petitioner and the learned Public Prosecutor. Peruse the records.
Although this application was opposed by the learned Public Prosecutor, he, upon instructions, would confirm that the specific allegation of rape is not levelled against the petitioner/5th accused. The allegation against the petitioner/5th accused is to the effect as recorded above.
Having heard the learned counsel appearing on both sides, this Court is inclined to allow this bail application and to enlarge the petitioner on bail subject to appropriate conditions. This Court takes stock of the fact that the petitioner has been in custody for the last 53 days, he having been arrested on 26.03.2022. The investigation is practically complete in so far as the petitioner/ 5th accused is concerned. This Court finds no reason to incarcerate the petitioner any more.
In the result, the Bail Application is allowed and the petitioner is directed to be released on bail on execution of bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties, each for the like amount, to the satisfaction of the trial court, subject to the following conditions:
(i) He shall appear before the investigating officer on every Saturday between 10 a.m and 11 a.m for a period of two weeks and thereafter, once in a month for a period of two months and thereafter, as and when required by the investigating officer.
(ii) He shall not attempt to influence or intimidate the witnesses or tamper with evidence.
(iii) He shall not indulge himself in any other offence while on bail.
(iv) He shall not leave India, except with prior permission of the trial court.
In case of breach of any of the bail conditions, the prosecution shall be at liberty to approach the trial court for cancellation of the bail.