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XXXXXXXXXXXXXXXXXX Vs State Of Kerala

Case No: Criminal Appeal No. 406 Of 2021 (A)

Date of Decision: July 23, 2021

Acts Referred: Indian Penal Code, 1860 — Section 354, 354A(1)(i)#Protection of Children from Sexual Offences Act, 2012 — Section 7, 8, 9(1), 10#Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 — Section 3(1)(W)(II), 3(2)(va)

Hon'ble Judges: P.Somarajan, J

Bench: Single Bench

Advocate: P.Mohamed Sabah, Saipooja, Ramesh Chand

Final Decision: Allowed

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Judgement

P.Somarajan, J

The petitioner/sole accused aggrieved by the order of the Sessions Judge in not extending regular bail came up with this appeal. He was arrested on

26/05/2021. The victim involved is a minor girl and the offences alleged are under Sections 354, 354A(1)(i) of IPC and Section 8 r/w 7, Section 10 r/w

9(1) of POCSO Act and Section 3(1)(W)(II), 3(2) (Va) of SC/ST (POA) Act. It is submitted that after completion of investigation, final report was

submitted. Now he is under detention for the last more than 55 days. Being the first offender, I am of the view that further detention is not necessary,

especially when final report was submitted. Hence, bail is granted to the petitioner, subject to the following conditions:

(1) He shall execute a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties each for the like sum to the satisfaction of the sessions court

(trial court).

(2) He shall not tamper with the evidence involved in the case and shall not in any way directly or indirectly contact with the victim or her family members or any

witness thereof.

(3) He shall not cause any hindrance or disturbance to the victim and her family members and shall not make any declaration either in public place or otherwise with

respect to the alleged incident so as to cause any kind of disturbance or insult to the victim and her family members.

(4) He shall appear before the investigating officer on all Mondays in and around 9.00 and 9.30 a.m. for a period of six months.

(5) He shall not enter into the village wherein the victim is residing except for the purpose of appearance before the concerned officer as ordered above.

Crl.Appeal is allowed accordingly.