IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 19TH DAY OF MAY 2022 / 29TH VAISAKHA, 1944 BAIL APPL. NO. 3501 OF 2022 Crime No.332/2022 of Pavaratty police station PETITIONER/ACCCUSED:
SUNIL KUMAR AGED 55 YEARS MANDAKATHINGAL HOUSE, ELAVALLY P.O, CHAVAKKAD, THRISSUR- 680 506, PIN - 680506 BY ADVS.
M.R.SASITH R.K.CHIRUTHA NEELANJANA NAIR RAJITHA V.K RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail.
2. Petitioner is the accused in Crime No.332/2022 of Pavaratty police station, alleging commission of offences under Sections 354A(I)(i) and 354(c) of the Indian Penal Code and Section 12 r/w. 11(iv) of the Protection of Children from Sexual Offences Act.
3. Allegation against the petitioner is that on 23.03.2022, at about 06.15 pm, the petitioner peeped into the bath room while the victim aged 12 years was taking a shower and thereby, he committed the offences alleged against him.
4. Learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner has been falsely implicated on the basis of some misunderstanding. It is submitted that the petitioner has been in custody for 43 days and his continued detention is not necessary in the facts and circumstances of the case.
5. Learned Public Prosecutor pointed out the facts and circumstances of the case and submitted that the petitioner is the neighbour of the victim girl and grant of bail to the petitioner must be on strict conditions to ensure that he does not intimidate the victim in any manner.
6. Having regard to the facts and circumstances of the case and considering the nature of the allegations and taking note of the fact that the petitioner has been in custody for 43 days and his continued detention does not appear to be necessary, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;
(ii) Petitioner shall appear before the investigating officer in Crime No.332/2022 of Pavaratty police station on every Saturday at 11 am until filing of final report;
(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.332/2022 of Pavaratty police station;
(iv) The petitioner shall not enter the local limits of the Pavaratty police station where the victim de facto complainant is residing except for the purpose of complying with condition No.(ii) above for a period of three months from the date of release on bail;
(v) 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.332/2022 of Pavaratty police station may file an application before the jurisdictional court, for cancellation of bail.
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