Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.1274/2014 of the Iritty Police Station, Kannur registered for the offences punishable under Sections 354(A) of the Indian Penal Code and Section 11(iv) of the Protection of Children from Sexual Offences Act.
3. The allegation against the petitioner is that on 01.11.2014 at 9.15 a.m., while the defacto complainant, who is a plus one student, was returning to her house from the bus stop near her house, as it was a declared holiday, the petitioner came by an autorickshaw and caught hold of the hand of the defacto complainant girl with a view to outraging her modesty, thereby he outraged her modesty. The petitioner has been in custody for the period from 01.11.2014 onwards.
4. Heard learned counsel for the petitioner and the learned Public Prosecutor.
5. No criminal antecedents have been reported against the petitioner. The investigation of this case is practically over. Having regard to the period undergone by the petitioner in custody, the present stage of investigation and the absence of any criminal antecedents on his part, I am of the view that the petitioner can be enlarged on bail.
6. In the result, this Bail Application is allowed and the petitioner shall be enlarged on bail on his 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) Except for observing condition No.(ii) below, the petitioner shall not enter the local limits of the Iritty Police Station, Kannur for a period of six months from today.
(ii) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Thursdays and Mondays commencing from 04.12.2014 for a period of six months.
(iii) The petitioner shall neither contact the defacto complainant, nor make any attempt for the same either directly or indirectly.
(iv) The petitioner shall not tamper with the evidence or influence witnesses.
(v) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(vi) The petitioner 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 ul/-
[True copy] P.S. to Judge