ORDER

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

438 of the Code of Criminal Procedure, 1973.

2. Petitioner is the accused in Crime No.716/2022 of Peringome Police Station, Kannur, alleging offences punishable under Section 354(A)(1)(i) of the Indian Penal Code, 1860, apart from Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

3. According to the prosecution, on 09.10.2022, the accused who is the father of victim’s classmate hugged the victim and kissed her on her forehead and thereby committed the offences alleged.

4. Sri.Muhammed Saheel, the learned counsel for the petitioner, contended that the prosecution allegations are false and that the incident as alleged had not occurred. It was further submitted that even going by the prosecution allegations, no offence either under the Indian Penal Code nor under the POCSCO Act is made out.

5. Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious requiring custodial interrogation.

8. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel, though I am of the view that the allegations are serious in nature, the petitioner is entitled to be released on bail, in the event of his arrest on conditions, since custodial interrogation is not required.

Accordingly, this application is allowed on the following conditions: a) Petitioner shall appear before the Investigating OfÏcer on

24.11.2022 and shall subject himself to interrogation and thereafter releasing on bail.

b) If after interrogation, the Investigating OfÏcer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating OfÏcer.

c) Petitioner shall appear before the Investigating OfÏcer as and when required and shall also co-operate with the investigation.

d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant/victim or her family members.

e) Petitioner shall not commit any similar offences while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS JUDGE

jka/18.11.22