The accused in Crime No.2428/2014 of Cherthala Police Station has filed this application for regular bail under section 439 of Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that on 25.10.2014, at about 8.15 a.m., while the accused was coming in his motorcycle with number KL-32 E 9474 and reached the place of occurrence, he restrained the son of the defacto complainant who was riding on a bicycle and compelled him to show some obscene gestures and thereby he had committed the offence punishable under section 11 (2) r/w section 18 of Protection of Children from Sexual Offences Act, 2012.
3. The counsel for the petitioner submitted that the petitioner has not committed any offence and he is innocent of the same and he has been falsely implicated in this case on account of some family dispute between the defacto complainant and the petitioner. Earlier, this section was not implicated, but it was later implicated with afterthought. He is in jail from 7.11.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation is not over.
5. Heard both sides and perused the records.
6. The case was registered on the basis of a statement given by the father of the victim boy alleging offence under section 511 of 377 of Indian Penal Code and section 23 of Juvenile Justice (Care of Protection of Children) Act, 2000. Thereafter, the above sections were deleted and section 11(2) r/w section 18 of Protection of Children from Sexual Offences Act, 2012 was incorporated. He was arrested on 7.11.2014 and he is in jail from that day onwards. However, I am not, at this stage, going into the question as to whether the allegations are sufficient to attract the above said offence or not, as it is a matter for evidence. The investigation is almost over. The apprehension of the prosecutor that if he is released on bail he is likely to influence the witnesses can be removed by imposing some stringent conditions.
7. So, the application is allowed with the following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Principal Sessions Court, Alappuzha, (Special Court for dealing with offences under this Act).
ii. The petitioner shall appear before the investigating officer on all Saturdays between 9.00 a.m and 10.00 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings till the final report is filed.
iii. The petitioner shall appear before the investigating officer for the purpose of interrogation in connection with the above crime as and when required in writing to do so till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. The petitioner shall not enter the jurisdiction of Cherthala Police Station except for complying with condition nos. ii and iii without getting prior permission of the Principal Sessions Court, Alappuzha, (Special Court for dealing with offences under this Act) till the final report is filed.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Principal Sessions Court, Alappuzha, (Special Court for dealing with offences under this Act) till the disposal of the case.
With the above conditions, this application is allowed.
Sd/- K.RAMAKRISHNAN, JUDGE //True Copy// P.A. To Judge jjj