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2014 DIGILAW 8 (KER)

Bilal @ Ahammed Bilal v. State of Kerala

2014-01-02

P.BHAVADASAN

body2014
Judgment : 1. The petitioner is the sole accused in Crime No. 1339 of 2013 of Hosdurg Police Station who is alleged to have committed the offences punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012. 2. The allegation against the petitioner is that he committed sexual assault on the victim aged only 12 years. 3. The petitioner would say that he is innocent and has been falsely implicated. He would say that even assuming all the allegations to be true, the offences under Sections 3 and 4 of the Protection of Children from Sexual Offences Act cannot be attracted to the facts of the case. 4. The learned Public Prosecutor opposed the petition and pointed out that the offences are of such a serious nature and the petitioner deserves no leniency. It is also pointed out that the investigation is going on. 5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is innocent cannot be accepted. Prima facie, there are materials as against him. Anyway, a deeper probe into the veracity of the allegations is not warranted at this point of time. The fact remains that the petitioner has been in custody from 07.11.2013 onwards. A good part of the investigation must have been completed by now. His continued custody appears to be unnecessary. The petition is allowed as follows: i) The petitioner shall be released on bail on his executing a bond for a sum of Rs. 25,000/- (Rupees Twenty Five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned. ii) The court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts before granting bail. iii) The petitioner shall appear before the Investigating Officer on every Wednesday between 9 am and 10 am until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. v) The petitioner shall produce his original passport before the court concerned. If he is not having any valid passport, he should file an affidavit regarding the same before the court concerned. vi) The petitioner shall not leave the State of Kerala without prior permission of the court concerned. v) The petitioner shall produce his original passport before the court concerned. If he is not having any valid passport, he should file an affidavit regarding the same before the court concerned. vi) The petitioner shall not leave the State of Kerala without prior permission of the court concerned. vii) If any of the conditions is violated, bail granted to the petitioner shall stand cancelled and the court concerned may take such steps as are available to it in accordance with law.