ABDUL AKBAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.1316 of 2023 of Kodungallur Police Station, Thrissur District, alleging commission of offences under Ss. 354A(1)(i) of the Indian Penal Code and offences under Ss. 8 r/w Ss. 7 of the POCSO Act. The allegations against the petitioner is that on 16/8/2023, while the minor victim aged 16 years was travelling on a private bus, the petitioner with sexual intent inappropriately touched her on her breast with his elbow and also caught her on her left hand and again inappropriately touched her on her breast and thereby he committed the offences alleged against him.

(2.) Learned counsel appearing for the petitioner would submit that the allegations against the petitioner are clearly on the basis of some misunderstanding. It is submitted that the petitioner is a 63 year old man and he had never touched the minor victim with an intention to sexually assault her. It is submitted that the petitioner has been in custody from 16/8/2023 and considering the facts and circumstances of the case, it is not necessary to continue the petitioner in custody. 4. Heard the learned Public Prosecutor also. Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail. The petitioner is 63 years old. Considering the nature of the allegations raised against the petitioner, it may not be necessary to continue the petitioner in custody for the purpose of continuing with the investigation. Therefore, this bail application is allowed and the petitioner is directed to be released on bail subject to the following conditions: