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Judgment
Bechu Kurian Thomas, J.
This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973.
Petitioner is the sole accused in Crime No.272 of 2022 of Muhamma Police Station, Alappuzha, alleging offences under Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.
The prosecution case is that, on 7.09.2019, the petitioner, who was the lover of the defacto complainant committed sexual assault on her, when she was aged only 17 years, and thus committed the offence alleged.
Sri.A.Abdul Jaleel, the learned counsel for the petitioner contended that the allegations against the petitioner are totally false and pointed out that the defacto complainant has even filed a statement as Annexure-A2 stating that the petitioner and the defacto complainant have decided to marry and live together and that they were in a relationship and also that the allegations were made on a misunderstanding.
The learned Public Prosecutor vehemently opposed the grant of bail.
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 06.05.2022 and in view of the nature of the offences alleged, I do not find any reason to continue the detention of the petitioner further. 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;
(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.