IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 16^TH DAY OF FEBRUARY 2023 / 27TH MAGHA, 1944 BAIL APPL. NO. 1107 OF 2023 (CRIME NO.94/2023 OF CHENGANNUR POLICE STATION, ALAPPUZHA DISTRICT)

PETITIONER/ACCUSED:

ANIMON A.G.@ ANI AGED 47 YEARS, S/O. GOPALAN ACHARI 'NANDANAM', KARAKKAD P.O., CHENGANNUR, ALAPPUZHA, PIN – 689504 BY ADVS.

D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA)

ATHUL V. VADAKKEDOM RESPONDENTS/ STATE AND COMPLAINANT:

1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031

2 THE SUB INSPECTOR OF POLICE CHENGANNUR POLICE STATION, ALAPPUZHA, PIN - 689121 ADV M P PRASHANTH -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON

16.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Dated this the 16^th day of February, 2023 This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

2. The petitioner is the accused in Crime No.94/2023 of Chengannur Police Station, Alappuzha District. The offences alleged are punishable under Sections 341, 354A(1)(iv), 354D(1)(i) of Indian Penal Code r/w Sections 8, 7, 12, 11(i) and 11(ii) of the Protection of Children from Sexual Offences Act, 2012.

3. The prosecution case in short is that the petitioner continuously made gestures to the defacto complainant who is aged 15 years causing annoyance to her and on 12/01/2023 at 9.00 A.M., the accused wrongfully restrained the defacto complainant and asked her to remove the mask by saying that 'let me find whether you are beautiful' and thereafter removed the mask from the face of the defacto complainant and thereby committed the offences.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

6. I went through the statement given by the victim under Section 164 of Cr.P.C. The victim states about the particular incident on 12/01/2023. According to her, on 9.00 A.M. on that day, while she was returning to her house after tuition class, the petitioner came in front of her and asked her to remove the mask by saying that 'let me find whether you are beautiful'. She further stated that prior to that, the petitioner used to give her ta-ta. She also stated that on the next Sunday of 12/01/2023 the petitioner came to her house and asked whether she knew him. These are the only allegations. There is nothing to suggest that these acts were done with sexual intent. Considering the allegations levelled against the petitioner, the custodial interrogation of the petitioner does not appear to be necessary. For all these reasons, the petitioner is entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioner shall fully co-operate with the investigation, including subjecting himself to the deemed police custody for the purpose of discovery, if any, as and when demanded.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any