Kerala High Court
Praveen vs State Of Kerala on 8 June, 2022
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.
========================
B.A. No. 346 of 2022
========================
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
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
(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
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
