This is an application for bail filed by the sole accused in Crime No.221/2014 of Sreekrishnapuram Police Station of Palghat District under Section 439 of the Code of Criminal Procedure.
2. The case of the prosecution in nutshell was that the accused, being a Poojari under the pretext of doing some prayer, on 07.04.2014 at about 5.00 p.m. had sexually assaulted the de facto complainant and her elder sister and thereby he had committed the offence punishable under Sections 7 and 8 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 the case. Further, even if the entire allegations in the First Information Statement is believed, there is no possibility of such incident being happened as alleged by the prosecution and the prosecution story is unbelievable. He is in jail from 07.04.2014 onwards.
4. The application was opposed by the Public Prosecutor on the ground that investigation of the case is not over.
5. Heard both sides and perused the records.
6. It is seen from the records that the above crime was registered on the basis of the statement given by one of the victim minor girl against the petitioner alleging commission of the above said offence. I am not at this stage going for the question as to whether the allegations in the First Information Statement are genuine or not or whether the contention of the accused that in the circumstances mentioned, there is no possibility of such act being committed by him as alleged by the prosecution etc., at this stage as it is a matter for evidence to be appreciated by the court which is going to try the case later. The fact that the petitioner is in jail from 07.04.2014 is not in dispute. The victims and other witnesses who were present along with the victims at the time of alleged incidents were from Malappuram District whereas the petitioner is a native of Palakkad District. So, the apprehension of the prosecutor that if he is released on bail, he is likely to influence or threaten the witnesses has no force. It is true that offences or such nature as alleged are of grave nature which has to be viewed very seriously as well as it will affect the society at large and abuse of children both sexually and otherwise are increasing nowadays. But, at the same time, a person cannot be detained in jail without he is being found guilty for a longer period as well unless his custody is required for a longer period in jail. In this case, considering the nature of allegations and nature of offences alleged, the custody of the petitioner is not required any more in connection with the investigation. 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. So, the application is allowed with the following conditions.
1) The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties for the like sum each to the satisfaction of the designated court appointed for trial of the case of the violence against women and children namely Sessions Court, Palakkad.
2) The petitioner shall appear before the investigating officer on the last Saturday of every month between 9 a.m and 10 a.m for a period of three months or till the final report is filed whichever is earlier.
3) The petitioner shall appear before the investigating officer for the purpose of interrogation as and when required in connection with the investigation in writing to do so till the final report is filed.
4) The petitioner shall not intimidate or influence the witnesses.
5) The petitioner shall not involve in any other crime of similar nature during bail period.
6) The petitioner shall not leave State of Kerala without getting prior permission from the Special Court namely Sessions Court, Palakkad till the disposal of the case.
With the above conditions, the application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge