Ziyad Rahman A.A., J
1. The petitioner is the accused in Crime No.705/2023 of Mavelikkara Police Station which was registered for the offences punishable under Sections 7 and 8 of the POCSO Act.
2. The prosecution case is that, on 02.07.2023 at 5.00 p.m., the petitioner with sexual intent inappropriately touched the private parts of the 2nd respondent, a minor male child, in a musical institution conducted by the accused. The crime was registered in such circumstances and as part of the investigation the petitioner was arrested on 17.07.2023. Since then the petitioner has been in judicial custody. This application for regular bail is submitted in such circumstances.
3. Heard Sri.S.K. Saji, learned counsel for the petitioner and Sri.C.S. Hrithwik, learned Public Prosecutor for the State.
4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. The crime itself was registered on the basis of a misconception. It is pointed out that after realizing the same, the parent of the victim, has come forward and the matter is settled. Annexure 2 affidavit sworn by the father of the victim, is relied on to substantiate the same. It is also pointed out that, the petitioner had already filed Crl.M.C. No.6105/2023 before this Court for quashing the proceedings on the basis of settlement in which an interim order was passed by this Court on 01.08.2023, staying further proceedings in the said case.
5. The learned Public Prosecutor on the other hand opposes the said application by pointing out that there are specific allegations against the petitioner.
6. I have gone through the records. It is true that there are certain allegations against the petitioner. However, it is seen from the records that the matter is settled, between the parties, and according to him the crime itself was registered on the basis of a misconception. The Crl.M.C. filed by the petitioner to quash the proceedings is also admitted by this Court and proceedings stayed. In such circumstances, I do not find any necessity of further incarceration of the petitioner. This is particularly because, no criminal antecedents of the petitioner were also brought to my notice.
Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to the following conditions:
i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court.
ii) The petitioner shall fully cooperate with the investigation.
iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m on every Wednesday until the filing of final report.
iv) The petitioner shall appear before the Investigating Officer as and when required.
v) The petitioner shall not commit any offence of similar nature while on bail.
vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
vii) The petitioner shall not leave India without the permission of the jurisdictional court.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.
