IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944
BAIL APPL. NO. 346 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 381/2021 OF SPECIAL COURT UNDER
POCSO ACT, KOZHIKODE
PETITIONER/S:
PRAVEEN
AGED 30 YEARS
S/O.VELUCHAMI, NO.23/515,
PIRAYIL, PALAKKAD, PIN - 673 317,
NOW RESIDING AT MEPPARAMPATHI,
MAKKADA (P.O.), PN - 673 317.
BY ADV N.V.P.RAFEEQUE
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
OTHER PRESENT:
SR.PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 346 OF 2022
2
BECHU KURIAN THOMAS, J.
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B.A. No. 346 of 2022
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Dated this the 8th day of June, 2022
ORDER
This is an application for pre-arrest bail under Section 438 of Cr.P.C.
2. The petitioner is the accused in Crime No. 920 of 2021 of Kasaba Police Station, Kozhikode District. The offences alleged against the petitioner is punishable under Section 354A of IPC and Section 8 read with Section 7, 12 read with Section 11(i) of Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that, on 20.12.2021 at about 6.30 a.m., the accused had sexually assaulted the victim girl aged 12 years by catching hold of her breast and patting her thighs with sexual intent.
4. The learned counsel for the petitioner submitted that, the offences alleged against the petitioner are totally BAIL APPL. NO. 346 OF 2022 3 false and the petitioner is innocent.
5. The learned Public Prosecutor on the other hand submitted that, the offences alleged against the petitioner are serious in nature and the same having been committed on a minor girl aged 12 years, he does not deserve any leniency.
6. On consideration of the circumstances and considering the age of the victim as well as the petitioner, I am of the view that, the custodial interrogation of the petitioner may not be warranted. In such circumstances, this application is allowed, and the petitioner is granted anticipatory bail on the following conditions;
(i) Petitioner shall appear before the Investigating Officer on 14.06.2022 and subject himself to interrogation.
(ii) If after interrogation, the Investigating Officer 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.
BAIL APPL. NO. 346 OF 2022 4
(iii) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(iv) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;
(v) Petitioner shall not commit any offence while he is on bail.
(vi) 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 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.
This bail application is allowed as above.
Sd/-
BECHU KURIAN THOMAS JUDGE LU BAIL APPL. NO. 346 OF 2022 5 APPENDIX OF BAIL APPL. 346/2022 PETITIONER ANNEXURES ANNEXURE A1 COPY OF THE ORDER IN CRL.M.C. 381/2021 DATED 07.01.2022 OF THE ADDITIONAL SESSIONS COURT FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE TOWARDS WOMEN AND CHILDREN KOZHIKODE IN CRIME NO. 920/2021 OF KASABA POLICE STATION.
// True Copy // PA To Judge