O R D E R

The petitioner is the accused in Crime No.22/2022 of Meppayur Police Station, Kozhikode District alleging commission of offences punishable under the provisions of the Protection of Children from Sexual Offences Act.

2. The allegation against the petitioner is that some day in the month of March 2021 the petitioner assaulted the minor victim girl by grabbing her on her breasts and thereby he committed the offences alleged against him.

3. The learned counsel for the petitioner would submit that the petitioner is a 74 year old man who is suffering from various age related diseases. It is submitted that the petitioner is absolutely innocent in the matter and the allegation has been raised on the basis of some misunderstanding. It is submitted that the petitioner and the family of the victim girl are neighbours. It is submitted that the allegation was raised for the first time in January 2022, though the alleged incident was in the month of March, 2021. It is submitted that considering the age of the petitioner and the nature of the allegations there may be a direction to the release of the petitioner in the event of arrest in the above Crime.

4. The learned Public Prosecutor opposes the grant of bail. It is submitted that the victim girl had revealed the incident at the time of couselling at her school. It is submitted that Section 164 statement that also has been recorded, the contents which also suggest that the petitioner had committed the offence alleged against him. It is submitted that there is no reason to disbelieve the version of the victim girl. It is submitted that the petitioner is not entitled to bail considering the nature of the allegations. 5. Having regard to the facts and circumstances of the case and considering the nature of the allegations and also considering the age of the petitioner and his health condition, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.22/2022 of Meppayur Police Station subject to the following conditions:- (i) Petitioner shall execute a 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 report before the Investigating officer in Crime No.22/2022 of Meppayur Police Station as and when called upon to do so;

(iii) Petitioner shall not interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.22/2022 of Meppayur Police Station;

(iv) The petitioner shall not enter the local limits of Meppayur Police Station, Kozhikode District except for the purpose of complying with condition No.(ii) above or for appearance before any court or authority;

(v) 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.22/2022 of Meppayur Police Station may file an application before the jurisdictional Court for cancellation of bail.

Sd/- GOPINATH P.

JUDGE AMG APPENDIX OF BAIL APPL. 785/2022 PETITIONER ANNEXURES Annexure I A TRUE COPY OF THE ADHAR SHOWING THE DATE OF BIRTH.

Annexure II A TRUE COPY OF THE GENERAL O.P. TOKEN NUMBER

113 AND THE TREATMENT DETAILS ISSUED BY THE FAMILY HEALTH CENTRE, MEPPAYOOR DATED

04/01/2022 Annexure III A TRUE COPY OF THE GENERAL O.P. TOKEN NUMBER

7 AND THE TREATMENT DETAILS ISSUED BY THE FAMILY HEALTH CENTRE, MEPPAYOOR DATED

12/01/2022 .

Annexure IV A TRUE COPY OF THE CERTIFICATE ISSUED BY ASST. SURGEON TALUK HOSPITAL PERAMBRA DATED

19/01/2022