Petition filed under Section 439 Cr.P.C.
2. Petitioner is the accused in Crime No.1616/2014 of the Attingal Police Station, Thiruvananthapuram registered for the offence punishable under Sections 8 and 11(iv) of Protection of Children from Sexual Offences Act.
3. The allegation against the petitioner is that he frequently used to make sexual overtures towards a 17 year old school going girl and while so, on 20.10.2014 at 4.40 p.m., while she was travelling by a KSRTC bus on her return from school, he sexually harassed the girl by catching on her body. When she was continuously harassed, she reacted, which invited the intervention of other passengers of the bus. He was caught red handed, and handed over to the police. The petitioner has been in custody for the period from 20.10.2014 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. Continued detention of the petitioner in custody is not required for the continued investigation of this case. 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) The petitioner shall report before the Investigating Officer in between 9 a.m. and 11 a.m. on all Mondays and Thursdays commencing from 01.12.2014 for a period of six months.
(ii) The petitioner shall not make any attempt to contact the girl or her mother, either directly or indirectly.
(iii) The petitioner shall not tamper with the evidence or influence witnesses.
(iv) The petitioner shall make himself available for interrogation as and when required by the Investigating Officer.
(v) 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.
B. KEMAL PASHA, JUDGE ul/-
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