An accused is entitled to statutory bail if the final report is not filed within the requisite time under Section 167(2)(a)(i) of the Code of Criminal Procedure.

ORDER

1.This application is filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 seeking regular bail in connection with the FIR, being Crime No.36 of 2018, registered with Mayyil Police Station, for offences punishable under Section 376 of the Indian Penal Code, and Section 7 r/w. Section 8, 9(1)(n) r/w. Section 10, 11(iii) r/w. Section 12 of the Protection of Children from Sexual Offences Act.

2.The victim in the instant case is a minor girl aged 14 years.

The applicant was living with the mother of the victim as her second husband. He is alleged to have shown pornographic images and sexually assaulted the victim.

3.The learned counsel appearing for the applicant submitted that the applicant has been under judicial custody from 14.01.2018 onwards. Though 90 days have elapsed from the date of remand, the final report has not been laid before the jurisdictional court till date.

4.Heard the learned Public Prosecutor, who does not controvert the said submissions.

5.Section 167(2)(a)(i) of Cr.P.C. would squarely apply and the applicant herein are entitled to statutory bail.

6.In the result, this bail application will stand allowed. The applicant shall be released on bail on his executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. The above order shall be subject to the following conditions:

1).The applicant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for 2 months or till final report is filed, whichever is earlier.

2). The applicant shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. The applicant shall not make any effort to contact the victim or her family members. 3).The applicant shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the court having jurisdication at the appropriate stage.

4). The applicant shall not commit any offence 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.