JOSEPH K.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.877 of 2023 of Hosdurg Police Station, Kasaragod District, alleging commission of offences under Sec. 354A(1)(iv) of the Indian Penal Code, 1860 and Sec. 12 r/w 11(i) of POCSO Act, 2012. The allegation of the petitioner is that the petitioner who was the karate master of the minor victim girl had committed offences alleged against him by using sexually coloured words while the victim was travelling as pillion rider on a motorcycle being ridden by the petitioner.

(2.) Learned counsel for the petitioner would submit that the petitioner has been falsely implicated in the crime and that the petitioner is absolutely innocent in the matter. It is submitted that there are no criminal antecedents reported against the petitioner and that the petitioner has been in custody from 5/8/2023. It is submitted that the final report has already been filed in the matter and continued detention of the petitioner is absolutely unnecessary in the facts and circumstances of the case.

(3.) Heard the learned Public Prosecutor also. Having regard to the facts and circumstances of the case, considering the fact that a final report has already been filed and also considering the fact that the petitioner has been custody from 5/8/2023, I am of the view that the petitioner can be directed to be released on bail. In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-