Bail Appl./9988/2021 of FAISAL K., Vs STATION HOUSE OFFICER, on 31 December 2021

ORDER

This is an application filed u/s 439 of Codeof Criminal Procedure seeking regular bail.

2. The petitioner is the accused in CrimeNo.1154/2021 of Kuthuparamba Police Station. Theoffences alleged are under Section 365 IPC andSection 7 read with 8 of Protection of Childrenfrom Sexual Offences Act.

3. The prosecution case in short is that on17.11.2021 while the victim minor boy wasreturning from attending Madrassa class with hiscousins, the petitioner lifted him in hismotorcycle and pressed his thighs. Thereupon thevictim jumped from the motorcycle and theaccused escaped from the scene.

The prosecution case in short is that on

4. Heard both sides and perused the casediary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutelyinnocent and he has been falsely implicated inthe present case. He further submitted thatthere are no materials to connect the petitionerwith the alleged crime and hence he is entitledto get bail. The learned Public Prosecutoropposed the bail application. He contended thatthe alleged incident occurred as a part of theintentional criminal acts of the petitioner andif the petitioner is released on bail at thisstage, it would affect the course ofinvestigation.

6. Perusal of the case diary would revealthat prima facie there are materials on recordto connect the petitioner with the crime.However, the petitioner was arrested on25.11.2021. There is a delay of 7 days inlodging the FIR. In view of the nature of thecrime and the stage of investigation, I do not find any reason to hold that the continueddetention of the petitioner is required for anypurpose. The investigation seems to have reacheda fair stage. For all these reasons, thepetitioner is entitled to be released on bail onconditions.

In the result, the application is allowed onthe following conditions:-

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (RupeesOne lakh only) with two solvent sureties for thelike sum each to the satisfaction of thejurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-

operate with the investigation.

(iii) The petitioner shall appear before

the investigating officer between 10.00 a.m and11.00 a.m on every Saturday until furtherorders. The petitioner shall also appear before the investigating officer as and when requiredby him.

(iv) The petitioner shall not commit anyoffence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecutionwitnesses, directly or through any other person,or any other way try to tamper with the evidenceor influence any witnesses or other personsrelated to the investigation.

(vi) The petitioner shall not leave

State of Kerala without the permission of thetrial Court.

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Sd/-

DR. KAUSER EDAPPAGATHJUDGE