2022 Supreme(Online)(KER) 34472
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE C.S. SUDHA TUESDAY, THE 27TH DAY OF DECEMBER 2022 / 6TH POUSHA, 1944 BAIL APPL. NO. 9804 OF 2022 PETITIONER/ACCUSED:
XXX AGED 21 YEARS XXX, PIN - 679515 BY ADV P.JAYARAM RESPONDENT/COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM PIN - 682031 BY SR.PP.-SRI.BIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.S.SUDHA, J.
---------------------------------
B.A.No. 9804 of 2022 ----------------------------------
Dated this the 27th day of December, 2022
O R D E R
This is an application under Section 439 Cr.P.C. filed by the petitioner/accused seeking regular bail in Crime No.721/2022 of Ottapalam Police Station, alleging commission of the offences punishable under Sections 354, 354 A(i), 376 of the Indian Penal Code and Section 4(i) read with Section 3 (a) and Section 8 read with Section 7 of the Protection of Children from Sexual Offences Act, 2012.
2. The prosecution allegation is that the petitioner took the minor girl to a secluded area and sexually assaulted her during the month of March 2019 and thereby committed the offences punishable under the above mentioned Sections.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the Petitioner submitted that petitioner was arrested on 26.11.2022 and has been in custody since then. It was further submitted that the petitioner was aged only 21 years at the time of the alleged incident and that the petitioner and the minor girl were in a relationship.
5. The application is opposed by the learned Public Prosecutor.
In the light of the facts and circumstances of the case, regular bail is granted to the petitioner subject to the following stringent conditions:
i) The petitioner shall be released on bail on his executing a bond for ₹50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court concerned.
(ii) He shall appear before the investigating officer on all Saturdays between 10 a.m. and
12 p.m. till the investigation is completed.
(iii) He shall appear before the Investigating Officer as and when directed by the Investigating Officer.
(iv) He shall not tamper with the evidence, intimidate or influence the witnesses nor interfere with the investigation in any manner. He shall not contact the victim in any manner.
(v) He shall not commit any offence(s) while on bail.
(vi) He shall surrender his original passport before the court below concerned and if he does not have one, he shall file an affidavit to the said effect.
(vii) He shall not leave the country without seeking permission of the court concerned.
If any of the aforesaid condition(s) is/are violated, the Investigating Officer is at liberty to move the court concerned for cancellation of the bail.