Kerala High Court
Bail Appl./9710/2021 of X Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 BAIL APPL. NO. 9710 OF 2021 CRIME NO.1454/2021 OF Punalur Police Station, Kollam PETITIONER/S: XXXX BY ADV M.R.SASITH RESPONDENT/S: STATE OF KERALA
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943BAIL APPL. NO. 9710 OF 2021
CRIME NO.1454/2021 OF Punalur Police Station, Kollam PETITIONER/S:
XXXX
BY ADV M.R.SASITH
RESPONDENT/S:
STATE OF KERALAREPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.
SRI.PRASANTH M.P., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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ORDER
This is an application filed u/s 439 ofCode of Criminal Procedure seeking regularbail.
2. The petitioner is the accused in CrimeNo.1454/2021 of Punalur Police Station. Theoffences alleged are under Sections 354D and354A(1)(i) of the Indian Penal Code and Section7 read with 8 and 11(iv) read with 12 of theProtection of Children from Sexual OffencesAct.
3. The prosecution case in short is as
follows. The accused was working in an electronic shop situated opposite to thevictim’s place of dwelling. The victim is aminor girl aged 17 years. It is alleged thatthe accused after several episodes of stalking,feigned love and thereby secured the confidenceof the victim and thereafter he commenced to contact her through various electronic means.Afterwards on 23.11.2021, at around 11.30 pm,the accused lured the victim to come out of herplace of abode and thereafter with sexualintent, firmly caught hold of her hand andtried to take her away from the scene ofoccurrence and thereby committed the offence.
4. Heard both sides and perused the casediary.
5. The learned counsel for the petitionersubmitted that the petitioner is absolutelyinnocent and he has been falsely implicated inthe present case. He further submitted thatthere are no materials to connect thepetitioner with the alleged crime and hence heis entitled to get bail. The learned PublicProsecutor opposed the bail application. Hecontended that the alleged incident occurred asa part of the intentional criminal acts of the petitioner and if the petitioner is released onbail at this stage, it would affect the courseof investigation.
6. A reading of the FI Statement would showthat the victim and the accused were in loveand on the date of incident she voluntarilyupon her free will joined the company of thepetitioner. The petitioner was arrested on23.11.2021. In view of the nature of the crimeand the stage of investigation, I do not findany reason to hold that the continued detentionof the petitioner is required for any purpose.The investigation seems to have reached a fairstage. For all these reasons, the petitioner isentitled to be released on bail on conditions.
In the result, the application is allowedon the following conditions:-
(i) The petitioner shall be released on bailon executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties forthe like sum each to the satisfaction of thejurisdictional Magistrate/Court.
(ii) The petitioner shall fully co-
operate with the investigation.
(iii) The petitioner shall appear beforethe investigating officer between 10.00 a.m and11.00 a.m on every Saturday until furtherorders. The petitioner shall also appear beforethe investigating officer as and when requiredby him.
(iv) offence of like nature while on bail.
The petitioner shall not commit any
(v) The petitioner shall not make any
attempt to contact any of the prosecution witnesses, directly or through any otherperson, or any other way try to tamper with theevidence or influence any witnesses or otherpersons related to the investigation.
BAIL APPL. NO. 9710 OF 2021
(vi) The petitioner shall not leave
State of Kerala without the permission of thetrial Court.
sd
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE