Gopinath P, J
1. The petitioner is the 1st accused in Crime No.351/2021 of Mankada Police Station, Malappuram District alleging commission of offences under
under Sections 363 of the Indian Penal Code and Section 8 read with Section 7, 11 (i) (iii) of the Protection of Children from Sexual Offences Act.
2. The allegation against the petitioner is that he took the victim boy, aged 14 years on his scooter to a secured place and tried to remove his trouser
and touched on his genital area. It is also alleged that the petitioner had shown some pornographic material to the victim boy.
3. The learned counsel for the petitioner submits that the petitioner has been in custody from 05-11-2021 and further detention of the petitioner is not
necessary for the purpose of investigation into the matter. It is submitted that the petitioner is absolutely innocent in the matter and the allegations have
been raised on the basis of some misunderstanding.
4. The learned Public Prosecutor vehementally opposes the grant of bail. He submits that the allegations against the petitioner are quite serious and the
grant of bail may affect the progress of investigation. No antecedents are reported.
5. Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 05-11-2021 and also
considering the fact that further custodial interrogation of the petitioner may not be necessary for the purpose of investigation into the matter, I am of
the opinion that the petitioner can be granted bail subject to strict conditions.
In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail subject to the following conditions:-
(i) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the
jurisdictional Court;
(ii) The Petitioner shall appear before the Investigating officer in Crime No.351/2021 of Mankada Police Station on every Saturday at 11 a.m until further orders;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.351/2021 of Mankada Police
Station;
(iv) The petitioner shall not enter the local limits of the Mankada police station where the victim is residing except for the purpose of complying with condition No.(ii)
above;
(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and
file the same before the jurisdictional court within seven days of release on bail;
(vi) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in Crime No.351/2021 of Mankada Police Station may file an application before
the jurisdictional Court for cancellation of bail.
