ABDUL SAMAD Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) The petitioner is the sole accused in Crime No.139 of 2022 of Koodal Police Station, Pathanamthitta District, alleging commission of offences under Ss. 377 and 506 of the Indian Penal Code and Sec. 5(f), 5(l) and 5(m) read with Sec. 6 of the POCSO Act, which is now pending as S.C.No.478 of 2022 before the Additional Sessions Court - I, Pathanamthitta.

(3.) The allegation against the petitioner is that the petitioner sexually abused an 8 year old boy inside his room in the Madrassa building situated near a mosque, where the petitioner was working as a religious teacher. The alleged assault took place between November 2021 and February 2022. I had, for reasons recorded in my order dtd. 18/5/2022, dismissed the bail application of the petitioner. The learned counsel for the petitioner submits that the petitioner has been in custody for 118 days and the apprehension expressed by the learned Public Prosecutor that if the petitioner is released on bail, he may influence the victim and his family can be dealt with by imposing appropriate conditions.