Pre-arrest bail can be granted despite serious allegations, provided conditions are placed to ensure investigation integrity.

ORDER

This is an application for pre-arrest bail filed under Section

438 of the Code of Criminal Procedure , 1973.

2. Petitioner is the accused in Crime No.360 of 2022 of Elamakkara Police Station, Ernakulam District alleging offences under Section 506 of the Indian Penal Code , 1860 apart from Section 7 and 8 of the Protection of Children Sexual Offences Act, 2012

3. The Prosecution case is that the petitioner is alleged to have committed sexual assault on the adopted son of the defacto complainant and thereby committed the offences alleged against him.

4. Sri. Salil Narayanan, the learned counsel for the petitioner contended that the petitioner and the defacto complainant, and another person had commenced a business and that the allegations now levelled against the petitioner is on account of certain disputes that arose in their business transactions. It was further submitted that the entire allegations are false and the petitioner is totally innocent.

5. Sri. Noushad K.A., the learned Public Prosecutor submitted that the investigation is continuing and that the presence of the petitioner will be essential as and when required.

6. The defacto complainant, who was impleaded as additional 2nd respondent, contended that petitioner has committed a serious crime, that too, against the minor son of the defacto complainant and that grant of pre-arrest bail to the petitioner will send a wrong message to society.

7. On a perusal of the statement given by the victim and on a perusal of the report of the Investigating Officer, I am of the view that the petitioner is entitled to be released on pre-arrest bail. Accordingly, this application is allowed on the following conditions:

(i) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties for the like sum if he is arrested by the police in connection with this case.

(ii) Petitioner shall appear before the Investigating Officer for interrogation if he is so required in writing and shall co-operate with the investigation.

(iii) Petitioner shall not destroy or tamper with the evidence or intimidate or threaten or contact the victim.

(iv) Petitioner shall not commit any other similar offences 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 Magistrate is empowered to cancel the bail in accordance with the law.