XXXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.228 of 2022 of Kunnamkulam Police Station, Thrissur District, alleging commission of offences under

Sections 354 and 354A(1)(i) of Indian Penal Code and Sections 10, 9n and 9p of the POCSO Act. The allegation against the petitioner is that he

attempted to sexually assault and molest the victim, who is none other than the daughter of his brother.

When this matter was taken up for consideration today, it was submitted by the learned counsel for the petitioner that the allegations were made on

the basis of some misunderstanding and that the mother of the victim (who is also represented to this Court through Counsel) has filed an affidavit

stating that the complaint was given on the basis of some misunderstanding. It is the case of the learned counsel for the petitioner that when the victim

was playing badminton on the alleged date of incident, the badminton shuttle had become lodged on the terrace of the petitioner's house and the

petitioner had only helped the victim to retrieve the same. It is submitted that the petitioner had never molested or assaulted the victim with any sexual

intent. It is also suggested that the victim was a bad student in school and it is only to get over that predicament that an allegation was raised that she

was performing badly on account of the alleged behaviour on the part of the petitioner.

Heard the learned Public Prosecutor also. The learned Public Prosecutor also confirms that she has received telephonic instructions from the

investigating officer that the investigating officer has been informed that the victim and the family of the victim do not intend to prosecute the

complaint in any manner.

The petitioner has been in custody from 09.02.2022. Though the question as to whether the criminal case registered against the petitioner can be

closed on the basis of settlement, is a matter to be decided in other proceedings, I am of the view that the aforesaid facts can be taken into account

for the purpose of granting bail to the petitioner.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the

satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.228 of 2022 of Kunnamkulam Police Station, Thrissur District, as and when

called upon to do so;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.228 of 2022 of

Kunnamkulam Police Station, Thrissur District;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.228 of 2022 of Kunnamkulam Police Station, Thrissur District,

may file an application before the Jurisdictional Court for cancellation of bail.