IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 23RD DAY OF AUGUST 2013 1ST BHADRA, 1935 Bail Appl..No. 5559 of 2013 () ----------------------------------------- CRIME NO. 1573/2013 OF OLLUR POLICE STATION , TRISSUR ---------------- PETITIONER/2ND ACCUSED: ----------------------------------------- SWAPNA, D/O.MATHACHAN, AGED 3 YEARS, VEZHEPARAMBIL HOUSE, MAROTTICHAL DESOM MAROTTICHAL P.O., MANNAMANGALAM VILLAGE THRISSUR TALUK, THRISSUR DISTRICT. BY ADVS.SRI.C.PRABIN BENNY SRI.RAJESH CHAKYAT RESPONDENT/COMPLAINANT: ------------------------------------------- THE SUB INSPECTOR OF POLICE, OLLUR, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI.ROY THOMAS THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-08-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ P.BHAVADASAN, J.
--------------------------------------- Bail Application No.5559 OF 201.--------------------------------------- Dated this the 23rd day of August, 2013. ORDER
The petitioner is 2nd accused in Crime No.1573/2013 of Ollur Police Station who is alleged to have committed the offences punishable under Sections 323, 341, 354, 506(I) read with Section 34 of Indian Penal Code and Section 11(i) of Protection of Children from Sexual Offences Act, 2012. The allegation is that when the 1st accused used to misbehave with the victim, she informed the same to the 2nd accused, her mother who displayed a passive attitude and asked her not to take it seriously.
2. The petitioner would say that she is innocent and has been falsely implicated with ulterior motive. According to her, there has been series of litigations between the petitioner and her husband and she always attempted to protect the de facto complainant. It is pointed out that she was harassed by her husband. At any rate, according to the petitioner, by no stretch of imagination, Section 11(i) of Protection of Children from B.A.No.5559/2013 2 Sexual Offences Act can be attracted as far as the petitioner is concerned. She therefore seeks pre-arrest bail.
3. Learned Public Prosecutor opposed the petition and pointed out that the investigation is going on and that the petitioner being mother of the victim was bound to take steps as are necessary to protect her minor girl.
4. After having heard the learned counsel for the petitioner, the learned Public Prosecutor and also after having perused the records, there seems to be considerable force in the submissions made by the learned counsel for the petitioner. There can be no doubt regarding the fact that the petitioner being the mother of the victim is bound to take necessary steps to protect the minor girl. One cannot omit to note that there has been series of litigations between the petitioner and her husband. It is also to be noticed that the victim had earlier filed a complaint against the father under the Domestic Violence Act. It is difficult to understand how Section 11(i) of Protection of Children from Sexual Offences Act can be attracted as far as the petitioner is concerned. B.A.No.5559/2013 3 Considering all the facts the circumstances, it is felt that this is a fit case where extra ordinary jurisdiction of this Court needs to be exercised in favour of the petitioner. Therefore, this application is allowed on the following conditions: i) The petitioner shall surrender before the Investigating Officer on or before 30.08.2013 who, after interrogation, shall produce him before the Court concerned, which court, on application for bail being moved by the petitioner, shall release him on bail on his executing 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 produced by them. iii) The petitioner shall report before the Investigating Officer on every Wednesday between 9 a.m and 10 a.m until further orders. iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness. B.A.No.5559/2013 4 v) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to him in law. Sd/- P.BHAVADASAN JUDGE smp // True Copy // P.A. to Judge.