M.R.Anitha, J
1. The petitioner is the sole accused in Crime No.229/2021 of Melparamba Police Station, registered under Sections 354A(1)(i) of Indian Penal Code
and Sections 8 r/w 7, 10 r/w 9(1), 9(m) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
2. The prosecution allegation is that the petitioner committed sexual assault and aggravated sexual assault more than once upon the survivor while she
was studying in UKG class and also outraged her modesty. Thereby, accused committed the offence as aforementioned. Petitioner was arrested on
09.6.2021 and thereafter he has been under confinement.
3. The main contention of the learned counsel for the petitioner is that the petitioner is aged 23 years he has been under confinement from 09.6.2021
on wards. So taking into account the period of confinement already undergone by the petitioner bail has to be granted to him. Learned Public
Prosecutor would content that he is involved in another crime and the victim in that case is the sister of the victim in this case.
4. Admittedly, the petitioner has been under confinement from 09.6.2021 onwards. He is aged 23 years. In view of the facts and circumstances,
continued confinement of the petitioner is not required in this case.
Hence, I am of the view that the bail application filed by the petitioner can be considered on stringent conditions:
(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.50,000/- (Rupees fifty Thousand Only) with two solvent sureties for
the like sum each to the satisfaction of the court having jurisdiction.
(ii) Petitioner shall not enter into the Village area where the victim resides except for the compliance of condition No.III if necessary.
(iii) The petitioner shall appear before the SHO concerned for on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the
date of his release or till the final report is filed, whichever is earlier. He shall not enter into the Panchayath where the victim resides
(iv) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the
same before the court, within a week for his release on bail.
(v) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to
dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(vi) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.
