Petitioner is the accused in Crime No.434/2014 of Mananthavadi Police Station, Wayanad District. The offences alleged against him are punishable under Secs.342, 452 and 354 of IPC and Sec.3(1)(xi) of SC/ST (PA) Act and Sec.8 of POCSO Act.
2. The victim girl is stated to be aged about 17 years.
She is a member of Scheduled Tribe. The accused does not belong to that community. It is stated that the accused was having acquaintance with the victim girl. He wanted the mobile number of the victim girl. It is stated that the incident took place on 1.5.2014 at 4 PM from the house of a neighbour where there was a marriage function. According to the prosecution, the accused entered into the bathroom and caught hold of the victim and committed the offences as mentioned above.
3. Petitioner has been in custody from 19.5.2014.
4. Considering all the aspects, the petitioner is granted bail with effect from 7.6.2014 subject to the following conditions :-
a. The accused shall execute a bond for ₹50,000/-
(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, JUDGE.
//TRUE COPY// P.A. TO JUDGE Jvt