Vijayan vs State Of Kerala

V.G.Arun J

The petitioner is the sole accused in Crime No.122 of 2024 registered at the Varkala Police Station for offences punishable under Sections 363,354,354A(1)(i) & 506(i) of IPC & Section 8 r/w 7, 12 r/w 11(i), 10 r/w 9(f) of the Protection of Children from Sexual Offences Act, 2012. The crime is registered on the allegation that the petitioner, the karate master, attempted to kiss the survivor, a girl aged 14 years. The petitioner was arrested on 24/01/2024 and is continued in custody.

Learned Senior Counsel appearing for the petitioner submitted that the alleged incident had occurred on 01/07/2023, but the matter was reported to the police only on 24/01/2024, the date on which the petitioner was arrested. It is submitted that the allegation is ill-motivated and made at the instance of the petitioner's rivals. It is further submitted that, there is no justification of the petitioner's continued incarceration.

Learned Public Prosecutor opposed the prayer pointing to the gravity of the offence and submitted that the investigation is yet to be completed. Learned Prosecutor also voiced an apprehension that, if the petitioner is released, he may try to influence/intimidate the survivor and the witnesses.

No doubt, the allegation is grave. At the same time, the liberty of an individual is at stake. Hence, considering that the petitioner has been in custody from 24/01/2024 onwards and the investigation has progressed much, I am inclined to grant bail to the petitioner, on stringent conditions.

The bail application is accordingly allowed with the following directions;

i) The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties for the like amount to the satisfaction of the jurisdictional court.

ii) The petitioner shall not enter the limits of the Varkala Police Station, where the defacto complainant is residing, till the final report is filed, except for the purpose of casting his vote on 26/04/2024 or if his presence is required for the purpose of investigation.

iii) Petitioner shall appear before the investigating officer as and when required.

iv) Petitioner shall not intimidate or attempt to influence the survivor or the witnesses in any manner whatsoever.

v) Petitioner shall not get involved in any offence of similar nature while on bail.

If the petitioner violates any of the above conditions, the prosecution will be at liberty to approach this Court for cancellation of bail.