Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS THURSDAY, THE 1ST DAY OF FEBRUARY 2024 / 12TH MAGHA, 1945 BAIL APPL. NO. 7099 OF 2023 CRIME NO.0848/2023 OF Manjeri Police Station, Malappuram AGAINST THE ORDER/JUDGMENT CMP 1397/2023 OF ADDITIONAL DISTRICT COURT (ADHOC), MANJERI PETITIONER: XXXX XXXXXX BY ADVS. DEEPU THANKAN UMMUL FIDA LAKSHMI SREEDHAR LEKSHMI P. NAIR NAMITHA K.M. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX 3 YYYYYY YYYYY IS IMPLEADED AS ADDL. R3 AS PER ORDER DATED BY ADVS. ARYA RAGHUNATH BABU KARUKAPADATH M.A.VAHEEDA P.U.VINOD KUMAR VAISAKHI V. T.M.MUHAMMED MUSTHAQ P.LAKSHMI AYSHA E.M. SHIFANA KAISE SR.PP-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Dated this the 1st day of February, 2024 This is an application for anticipatory bail under Section 438 of Cr.P.C. filed by the sole accused in crime No.848 of 2023 of Manjeri Police Station, Malappuram, registered under Section 354A(1)(i) of IPC, and Sections 7 and 8 of POCSO Act.
2. The prosecution allegation is that, during March 2023
school vacation, while the victim girl was sleeping on her bed, the petitioner, who is in a live-in relationship with the mother of the child, sexually assaulted her.
3. Heard learned counsel for the petitioner, learned counsel for additional 3rd respondent/defacto complainant 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 mother of the victim and additional 3rd respondent, who is her husband. So only under the instigation of additional 3rd respondent, a false complaint was lodged against the petitioner, as he is in a live-in relationship with the mother of the victim girl.
6. On going through the records available, it could be
seen that earlier, crime No.448 of 2021 was registered against the petitioner herein on similar allegations made against him by the same victim girl. On investigation, that case was referred as a false case. So learned counsel for the petitioner would submit that only under instigation of the defacto complainant, the victim girl is making false complaints against him, one after another.
7. An interim order, not to arrest the petitioner, was
passed by this Court as early as on 16.08.2023, and it was extended till this date. Considering the nature of the allegations, and also considering the fact that the victim girl is now safely residing with her father at Malappuram, and studying in Kendriya Vidyalaya, Malappuram, this Court is inclined to allow this bail application on the following terms:
(i) The petitioner is directed to surrender before the Investigating Officer on or before 13.02.2024 and subject himself for interrogation.
(ii) In the event of arrest, the petitioner shall be
released on bail on executing bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
(iii) Thereafter, the petitioner shall appear before the Investigating Officer as and when directed.
(iv) The petitioner shall not contact the victim girl or her father, and shall not cause any kind of harassment to them, either directly or indirectly.
(v) The petitioner shall not enter the limits of Manjeri
Police Station, Malappuram, for a period of three months or till the final report is filed, whichever is earlier, except for the purpose of appearing before the police station as directed.
(vi) The petitioner shall not influence or intimidate the
witnesses and shall not tamper with the investigation. (vii)The petitioner shall not commit any offence while on bail. (viii) In case of violation of any of the aforesaid conditions, the jurisdictional Court is empowered to cancel his bail. Sd/- SOPHY THOMAS JUDGE SSK/01/02