Sophy Thomas, J
1. This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973 filed by the 1st accused in Crime No.818/2023 of Pandikad Police Station, Malappuram registered under Sections 354, 354(A)(2), 354(B), 354(D)(1)(2), 342, 109, 114, 115, 120(B), 366, 366(A), 375(c), r/w 376(2)(f), 376(3), 120(B) of IPC and Sections 75, 84, and 87 of JJ Act, Section 6(l) r/w 5(n), 10 r/w 9(n), 12 r/w 11(i) (iv) and 17 of POCSO Act.
2. The prosecution allegation is that in the month of April and October 2023, the petitioner followed the victim girl aged 14 years, and took her to Kozhikode beach and committed penetrative sexual assault on her, with the aid of her mother. On 03.07.2022, the petitioner kidnapped the victim and took her to a room at Manjeri and committed sexual assault on her.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that though the first incident of sexual assault allegedly occurred in the year 2021, the complaint was lodged only in the year 2023. The 2nd accused-the mother of the victim was arrested and released on bail. The investigation is over and final report has been filed, and it is pending before the Fast Track Special Court-1, Perinthalmanna as S.C No.16/2024. He is in judicial custody from 28.10.2023 onwards. He is ready to abide by any conditions imposed by this Court.
6. The trial court rejected his bail application, stating that if he is released on bail, there are chances of influencing the witnesses and so it was not feasible to release him on bail before examination of the survivor/victim. The learned Judge has stated in that order that, the examination of the survivor can be completed within three weeks. So, a report was called for from the trial court as to the present stage of S.C.No.16/2024. As per letter dated 09.02.2024, the learned Fast Track Special Judge-1, Perinthalmanna informed this Court that the case is posted for pre charge hearing, and if the petitioner is not discharged, charge can be framed before 17.02.2024. So, it seems that there is no probability to complete examination of the victim in a near future. So, this Court is inclined to allow this application on the following terms:
(i). The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
(ii) The petitioner shall not enter the limits of Pandikkad police station, Malappuram, where the victim girl is residing with her uncle, till the trial in S.C.No.16/2024 is over.
(iii) The petitioner shall not try to contact the victim or her family members and shall not cause any kind of harassment to them, either directly or indirectly.
(iv). The petitioner shall not influence or intimidate the witnesses or tamper with the investigation.
(v). The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.
(vi). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.
(vii). The petitioner shall not commit any offence while on bail.
(viii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.
