The petitioner is the sole accused in Crime No.325/2014 of Vythiri Police Station, Wayanad District, for the offences registered under section 376(2)(i) of Indian Penal Code and Sections 6 and 8 of Protection of Children from Sexual Offences Act, 2012.
2. The allegation raised against the petitioner in the aforementioned crime is that he committed sexual assault on the minor girl, now aged 9 years, since 2013 and touched the private parts of the minor victim girl in the Ramzan month of 2014 and thereby committed the offenses as stated above.
3. The petitioner's counsel would submit that all the allegations are false and baseless and that he has been falsely implicated in the aforesaid crime. His application for bail has been refused by the Sessions Court, as evidenced by Annexure A1 Order dated 21.08.2014. The petitioner has been arrested on 8.8.2014 and he has been under custodial detention since the last 71 days and that the investigation is complete and there is no further requirement to detain the petitioner to necessitate the custody of the petitioner for the purpose of investigation.
4. The learned Public Prosecutor would submit that the crime was registered on the basis of the statement given by the parents of the minor victim girl about the allegations against the petitioner and consequent to the registration of the crime the investigation was commenced. The petitioner was arrested on 8.8.2014. The learned Public Prosecutor would further submit that in case this Court is inclined to consider the prayer of bail made by the petitioner on the ground that he has been in custody since 8.8.2014, then such request may be considered only after placing strict conditions to safeguard the bonafide interest of the prosecution and also to protect the interest of the minor girl. He would also urge that in case this Court is inclined to grant bail, then this Court may also specifically order that the petitioner shall not enter the precincts of Vythiri Police Station till the conclusion of the criminal proceedings except for the purpose of compliance of any other conditions of this order. This submission is made by the Prosecutor as the petitioner is living in the locality of the minor victim girl, within the limits of the above said Police Station. The prosecutor would also submit that the investigation is almost at the fag end.
5. Having considered the submissions of the learned counsel for the petitioner and the learned Public Prosecutor and evaluating the totality of the facts and circumstances of the case, this Court is inclined to order grant of regular bail to the petitioner herein, taking into account the aspect that he has been under custodial detention for the past 71 days, since 8.8.2014.
6. Accordingly, it is ordered that the petitioner herein shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five thousand only) with two solvent sureties each for the like amount to the satisfaction of the court below concerned and subject to the following conditions:
i. The petitioner shall surrender his passport, if any, before the court below concerned at the time of executing the bail bond and if he is not a passport holder, then he will file an affidavit to that effect in the said court. If the petitioner requires his passport for travel abroad, he is at liberty to approach the local court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the trial court or the jurisdictional Magistrate, as the case may be, is at liberty to consider the same on merits and pass appropriate orders thereon, taking sufficient guidance from the principles laid down by this Court in the case Asok Kumar v. State of Kerala reported in 2009 (2) KLT 712, notwithstanding the above said conditions imposed by this Court.
ii. The petitioner shall report before the Investigating Officer in Crime No. 325 of 2014 of Vythiri Police Station between 10 a.m. and 11 a.m. on every alternate Sundays.
iii. The petitioner shall not interfere with the investigation in any manner.
iv. The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper the evidence in any manner whatsoever.
v. The petitioner shall fully co-operate with the investigation and report before the aforementioned Investigating Officer as and when required by him.
vi. The petitioner shall not enter the territorial limits of Vythiri Police Station until the conclusion of the criminal proceedings, except for the purpose of compliance with the other conditions placed in this Order hereinabove.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
In terms of the above said directions, this Bail Application stands finally disposed of.
Sd/- ALEXANDER THOMAS, JUDGE //True Copy// P.A. To Judge jjj