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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 accused in Crime No.708 of 2022 of Muttom Police Station registered for the offences punishable under Sections 376(1) of the Indian Penal Code, 1860 and also under Sections 4(1) r/w Section 3(a), 6(1) r/w5(j)(ii) of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that, during the year 2020, petitioner indulged in penetrative sexual assault on the victim girl, aged only 17, and thereafter caused miscarriage of her pregnancy by compelling the victim to consume a drug, and thereby committed the offences as alleged against him.
Sri.K.S.Aneesh, the learned counsel for the petitioner, submitted that the entire prosecution case is false and that there is a mistaken identity apparently evident from the prosecution case. It was further submitted that in any event the petitioner was arrested on 26.05.2022 and his continued detention is not required.
Smt.M.K.Pushpalatha, the learned Public Prosecutor, vehemently opposed the grant of bail and submitted that petitioner has committed a serious crime and releasing him on bail at this juncture will cause great prejudice to the investigation.
A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 26.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.
In the result, this application is allowed on the following conditions:-
(i) Petitioner shall be released on bail on his 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.
(ii) Petitioner shall appear before the Investigating Officer as and when required;
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members;
(iv) Petitioner shall not commit any offence while he is on bail.
(v) 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.