M.R.Anitha, J
1. Petitioner is the accused in Crime No.788/2021 of Thamarassery Police station, Kozhikode, which is registered under Section 354 IPC and Section
10 r/w 9(f) of the POCSO Act.
2. It is alleged by the prosecution that during February, 2020, de facto complainant at about 8.00 pm came to see the petitioner for getting a permission
to go to Palakkad for appearing in IT examination. At that time, the petitioner kissed on her forehead and told her that the petitioner loves the de facto
complainant. Thereafter the petitioner called the de facto complainant in the sports room and told her that he loves the de facto complainant.
According to the petitioner, he is totally innocent of the charges levelled against him and no such incident actually occurred and there is a long delay of
one and half year for registering the crime.
3. The learned Public Prosecutor on the other hand vehemently objects in considering the petition in view of the fact that two other crimes, Crime
No.780/2021 of Thenjipalam police station and Crime No.17/2015 of Kodencherry police station, are pending against him apart from Crime
No.720/2021 of Thamarassery police station. Formal arrest of the petitioner was effected in this case on 3.8.2021 and thereafter he has been under
confinement. The learned Public Prosecutor produced copy of FIR and FIS and vehemently objects in considering the bail application for the reason
that other crimes are also pending against the petitioner.
4. Petitioner on the other hand produced the medical records of his father to show that his father is in the advanced stage of cancer. Copy of the
medical records issued from the MVR cancer centre and Research Institute dated 11.7.2019 and 12.10.2019 would show that his father is undergoing
treatment for CA prostates. Petitioner is said to be the only son of the father also. Petitioner's counsel also produced Annexure-A1 to A3 to show the
academic activities of the petitioner.
5. Taking into account the totality of the facts and circumstances and the gravity of the offence alleged to have been committed by the petitioner,
especially due to the fact that he has been under confinement from 3.8.2021 in this case, I am inclined to grant bail to the petitioner on the following
conditions:
i. Petitioner shall execute bond for a sum of Rs.35,000/- (Rupees thirty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the
jurisdictional court;
ii. He shall report before the Investigating Officer on every Monday between 9.00 am and 11.00 am for three months or until final report is filed whichever is earlier.
iii. He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to
that effect;
iv. He shall not try to contact or influence the witnesses or tamper with the evidence;
v. He shall not involve in any crime during the period on bail.
vi. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law.
This bail application is allowed as above.