Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH THURSDAY, THE 25 DAY OF JANUARY 2024 / 5TH MAGHA, 1945 BAIL APPL. NO. 126 OF 2024 CRIME NO.1940/2023 OF Sasthamcotta Police Station, Kollam PETITIONER/ACCUSED: SAJEEV, AGED 42 YEARS S/O.KHASIM RAWTHER, PADINJAREN PURAYIL, PAYATTU KACHIYIL, PORUVAZHY P.O., SASTHAMOTTA, KOLLAM, PIN - 690520 BY ADVS. V.I.RAHUL SREEJESH R. SHIFA LATHEEF ANAS B. ANAND B. RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 25th day of January, 2024
This is an application for regular bail under Section 439 of Code of Criminal Procedure, 1973 filed by the sole accused in Crime No.1940 of 2023 of Sasthamcotta Police Station, Kollam, registered under Sections 354, 354A(1) and 506 of Indian Penal Code and Sections 7 r/w 8, 9(l), 9(m), 9(n) and 9(p) r/w Section 10 of Protection of Children from Sexual Offences Act.
2. Prosecution allegation is that the petitioner, who is the father of the victim girl aged 8 years, sexually assaulted her and caused hurt to her by beating with a belt.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail application.
5. Learned counsel for the petitioner would submit that there were matrimonial disputes between the petitioner and
his wife, and the minor children were made tools to wreak her vengeance against him. False complaints were lodged against the petitioner at the instance of the minor children, alleging sexual assault. According to him, the wife of the petitioner lodged F.I.Statement before Sasthamcotta Police Station on 11.12.2023, and Crime No.1939 of 2023 was registered against him and it was the first crime registered against him. In the F.I.Statement given in that crime, the wife of the petitioner had mentioned about the physical ill treatment by the petitioner against his children. But no sexual assault was alleged. Only as an afterthought, a false story was cooked up against him, alleging sexual assault.
6. Learned Public prosecutor, on instructions, submitted
that in Crime No.1939 of 2023 serious allegations of physical, mental and sexual assault are alleged against the petitioner. The 3 minor children of the petitioner were sexually assaulted, and all of them lodged complaints on the basis of which 3 different crimes were registered against the petitioner. Considering the gravity of the offences alleged, and also considering the fact that the victim children
reiterated the sexual assault, at the hands of their father, in their 164 statement also, the petitioner is not entitled to be released on bail. Moreover, the investigation is not over, and it is only progressing. The petitioner was arrested in crime No.1940 of 2023 on 12.12.2023 and his arrest was recorded in crime Nos.1996 of 2023 and 1997 of 2023 on 29.12.2023. Considering the gravity of the allegations made against the petitioner by all the three minor children and also the serious allegations of physical and mental harassment against his wife for which crime No.1939 of 2023 was registered against him, in which he is yet to be arrested, this Court is not inclined to allow this application. In the result, this bail application stands dismissed.
Sd/- SOPHY THOMAS JUDGE SSK/25/01 APPENDIX OF BAIL APPL. 126/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF FIR IN SASTHAMKOTTA PS CRIME 1940/2023 DATED 11-12-2023
Annexure 2 TRUE COPY OF THE FIR IN KOLLAM SASTHAMKOTTA PS CRIME Annexure 3 TRUE COPY OF THE FIS IN KOLLAM SASTHAMKOTTA PS CRIME Annexure 4 TRUE COPY OF THE REMAND REPORT IN KOLLAM SASTHAMKOTTA
PS CRIME 1996/2023 Annexure 5 TRUE COPY OF THE REMAND REPORT IN KOLLAM SASTHAMKOTTA PS CRIME 1997/2023 Annexure 6 TRUE COPY OF THE AGREEMENT DATED 15-06-2023 Annexure 7 TRUE COPY OF THE BAIL ORDER IN CRL MC 2633/2023 OF THE FIRST ADDITIONAL SESSIONS COURT,KOLLAM