~ ~ ~ ~ ~ ~ Petition filed under Section 439 Cr.P.C. 2. Petitioners are accused Nos.1 and 2 respectively in Crime No.485/2014 of Adhur Police Station registered for the offences punishable under Sections 506(i) and 452 read with Section 34 IPC and Section 11(i) of the Protection of Children from Sexual Offences Act, 2012.
3. The daughter of the de facto complainant aged 16 was being harassed and sexually pestered by the petitioners and two other accused. They used to make frequent sexual overtures towards her and finally, on 21.05.2014 at 4.50 p.m. she was chased by the petitioners and the other two accused from a bus after she was being sexually harassed inside the bus. She was chased to her house also and they committed house trespass. The petitioners have been in custody for the period from 26.09.2014 onwards.
4. Heard learned counsel for the petitioners and the learned Public Prosecutor.
5. The allegations against the petitioners are very grave and serious. At the same time, no criminal antecedents have been reported against the petitioners. The investigation of this case as far as the petitioners are concerned, is practically over. Considering the facts and circumstances of this case and having regard to the period undergone by the petitioners in custody and the present stage of investigation, I am satisfied that the petitioners can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioners shall be enlarged on bail on each of them executing a bond for ₹1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the concerned Judicial First Class Magistrate's Court, and subject to the following terms and conditions:-
(i) The petitioners shall report before the Investigating Officer in between 9 am and 11 am on all Fridays and Tuesdays, commencing from 14.11.2014 for a period of three months or till the filing of the final report in this case, whichever is earlier.
(ii) Except for observing condition No.(i), the petitioners shall not enter the limits of Kasaragod district for a period of three months or till the filing of the final report in this case, whichever is later.
(iii) The petitioners shall not make any attempt to contact the defacto complainant or her daughter either directly or indirectly.
(iv) The petitioners shall not tamper with the evidence or influence witnesses.
(v) The petitioners shall make themselves available for interrogation as and when required by the Investigating Officer.
(vi) The Petitioners shall not involve in any offence while on bail.
It is made clear that the violation of any of the conditions stipulated above will result in the cancellation of bail.
Sd/-
(B.KEMAL PASHA, JUDGE) aks/11/11 // True Copy // PA to Judge