Ahammed Sha v. State of Kerala Rep. by Public Prosecutor, High Court of Kerala
2021-04-13
K.HARIPAL
body2021
DigiLaw.ai
ORDER : 1. This is an application for bail filed under Section 439 of the Code of Criminal Procedure. 2. The petitioner is the third accused in Crime No. 104/2021 of Pooyappally Police Station which was registered alleging offence punishable under Sections 363, 366A, 370(4), 376, 376D, 506 read with 34 of the Indian Penal Code and Sections 3(a) r/w 4, 5(g) r/w 6, 12 r/w 11, 17 r/w 16 of Protection of Children from Sexual Offences Act, 2012. 3. The allegation is that the accused Nos. 1 and 2 had sexually abused a 17 year old girl after abducting her from her residence. The petitioner/the third accused is the driver of the autorickshaw by which the girl was transported by the accused. Thus, it is alleged that the petitioner was also privy to the crime. 4. I heard learned counsel on both sides. The petitioner was arrested on 02.02.2021 and is in custody for the last 70 days. No criminal antecedents is noticed against him. Even the learned Public Prosecutor has no case that he was privy to the sexual abuse made against the girl. I am also told that accused Nos. 1 and 2 have already been arrested. The continued detention of the petitioner is no more necessary and therefore, he can be released on bail on the following conditions:- (i) The petitioner shall execute a 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) He shall not try to contact or influence the witnesses or tamper with the evidence. (iii) He shall not enter Pooyappally Police Station limits, until further orders. (iv) Petitioner shall not leave India without permission of the jurisdictional Court. (v) He shall appear before the Investigating Officer/trial court as and when required. (vi) The petitioner shall strictly follow the various guidelines issued by the State Government and the Central Government with respect to keeping of social distancing in the wake of Covid-19 pandemic. (vii) 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. 5. This bail application is allowed as above.