Petitioner is the 2nd accused in Crime No.1080/2014 of Mulanthuruthy Police Station, Ernakulam District registered for offences under Section 377 r/w Section 34 IPC and Sections 7 & 8 of Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested on 28.8.2014 and remanded to judicial custody since then. The gist of the prosecution allegation is that the petitioner herein had oral sex with the minor victim boy aged 14 years and that the petitioner and the other two accused have committed the aforementioned offences. Sri.C.P.Udayabhanu, learned counsel for the petitioner, would submit that the allegations are falsely foisted against the petitioner and that the minor boy does not have good antecedents and there are several complaints against him from the school where he had studied last and from one of the parents alleging that he had harassed another girl student etc.
2. The learned Public Prosecutor would submit that the allegations raised against the petitioner are incorrect and false and that the police have investigated the matter fairly and properly and that the 1st accused is absconding and accused Nos.2 & 3 were arrested and that the investigation could not be completed as the 1st accused is still absconding. Learned Public Prosecutor would submit that in case this Court is inclined to grant bail to the petitioner who is under judicial custody from 28.8.2014, this Court may ensure that sufficient safeguards are made so that the petitioner does not have any access to the minor victim boy until conclusion of the trial and so of the trial and to deprive any opportunity to influence the witnesses as the petitioner is living within the immediate vicinity of the residence of the minor victim boy.
3. Having heard the learned counsel for the petitioner and learned Public Prosecutor, this Court is inclined to exercise discretion to grant bail to the petitioner in this case mainly on the ground that he has been under judicial custody for the last 58 days and that it appears that the investigation as against the role of the petitioner in the crime has been completed. However, stringent conditions can be placed so that the petitioner have no access to the minor victim boy and so that he does not have the opportunity to influence the witnesses in the locality. Sri.C.P.Udayabhanu, learned counsel for the petitioner, would submit that the petitioner undertakes to comply with any of the conditions that are found to be necessary and just by this Court.
4. Accordingly, it is ordered that the petitioner shall be released on bail on his executing a bond for ` 35,000/- (Rupees Thirtyfive Thousand only) with two solvent sureties each for the like sum 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 within three days from execution of the bail bond and if he is not a holder of passport, then he shall file affidavit to that effect in the said court. If the petitioner requires his passport in connection with his travel abroad, then he is free to approach the court concerned for the release of the same and for necessary permission in that regard. In case if such an application is filed the court below concerned is free to consider the same on merits and to pass appropriate orders thereon, taking necessary guidance from the principles laid down in the decision of this Court in the case Asok Kumar v. State of Kerala, reported in 2009 (2) KLT 712, notwithstanding the aforementioned condition imposed by this Court.
(ii) The petitioner shall not involve in any criminal offence of similar or graver nature.
(iv) The petitioner shall co-operate with the investigation and report before the investigating officer as and when required.
(v) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper evidence in any manner whatsoever.
(vi) The petitioner shall not enter into or reside within the territorial limits of Ernakulam Revenue District until the conclusion of the criminal proceedings in this case, except for the purpose of compliance of the other conditions of this order stated herein or for meeting the requirements of this case or in any other pending cases.
If the petitioner fails to comply with any of the conditions as ordered above, the bail granted to him is liable to be cancelled.
bkn/-
ALEXANDER THOMAS, Judge.