Petitioner is the sole accused in Crime No. 751/2014 of Pattambi Police Station, Palakkad District. He was arrested on 31-07-2014 and continuing in custody. Therefore, he preferred this application for regular bail under Sec. 439 of Cr.P.C. 2. The prosecution case is that on 17-7-2014 between 8.30 a.m. and 10.am., the petitioner entered into the class room of the victim who was aged 10 years and studying in 5th standard and asked her to sit upon the desk and enquired her whether she is interested to see the cartoons. When the victim was about to go outside from the classroom, the petitioner by holding her two hands by his one hand, played his mobile phone containing obscene scenes and also tried to remove her dress. When one of her classmates came to the classroom, the petitioner left from that scene. So, according to the prosecution, the accused attempted to commit rape on the victim and outraged the modesty of the minor. Thus, the petitioner has committed the offence punishable under Sections 354, 511, 376 read with Sec.8, 9(m) read with Sec. 10 of Protection of Children from Sexual Offences Act, 2012.
3. Heard the learned counsel for the petitioner as well as the Learned Public Prosecutor.
4. The learned counsel for the petitioner vehemently submitted that the petitioner was falsely implicated in the above crime was arrested on 31-7-2014 and continuing in custody and further detention is not warranted.
5. The learned Public Prosecutor, on instructions, submitted that the offence alleged against the petitioner is a heinous one, and, therefore, if the petitioner is released on bail, it will adversely affect the prosecution case.
6. I have carefully considered the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor. It is true that the allegation against the petitioner is a heinous one, however, considering the fact that the petitioner was arrested on 31-7-2014 and he is still continuing in custody. The further fact is that if the custody of the petitioner is required for any investigation purpose, the same is over by efflux of time. Therefore, he can be granted bail, particularly when the learned Public Prosecutor submitted that the investigation is almost over. Thus, this petition is allowed, however, subject to stringent conditions to safeguard the interest of the prosecution:
In the result, this Application is allowed and accordingly, there will be a direction to release the petitioner 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 concerned and also on the following other conditions:-
i) The petitioner shall not enter into the limits of Pattambi Police Station until further orders except to comply with the first condition.
ii) The petitioner is further directed to report before the Circle Inspector of Police in whose jurisdiction he proposed to reside in the light of the first condition imposed on him , on all Sundays between 10 and 11 a.m.
iii) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate at the time of executing the bail bond and if he is not the passport holder, he will file an affidavit to that effect in the said Court. If the petitioner requires his passport, he can approach the concerned court for the release of the same and in case, such an application is filed, the trial Court or the jurisdictional Magistrate, as the case may be, is free to consider the same on merit and to pass appropriate orders, guided by the decision of this Court reported in Asok Kumar v. State of Kerala [2009 (2) KLT 712], notwithstanding the above condition imposed by this Court.
iv) The petitioner shall not interfere with the investigation.
v) The petitioner shall not influence the witnesses or shall not try to tamper the evidence.
vii) The petitioner shall co-operate with the investigation and report before the Investigating Officer as and when required.
Dated this the 1st day of October, 2014.
Ani/ Sd/- V.K. MOHANAN, JUDGE.
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