Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 BAIL APPL. NO. 1504 OF 2024 CRIME NO.50/2023 OF Fort Police Station, Thiruvananthapuram AGAINST THE ORDER/JUDGMENT DATED 16.02.2024 IN CRMP NO.28 OF 2024 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN & CHILDREN),THIRUVANANTHAPURAM PETITIONER/SOLE ACCUSED: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. SREEJITH S. NAIR V.S.THOSHIN SATHEESH MOHANAN AKHIL SUSEENDRAN SUNIL.V. VISHNU V.H. SEKHAR G. THAMPI MAHIMA RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 ADDL.R2 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX *[ADDL.R2 IMPLEADED AS PER ORDER DATED 18.03.2024 IN CRL MA 1/2024] BY ADVS. SYAM KUMAR A.G.,S.AJITHA KUMARI GOURI NAIR,KRIPA ANNS ABRAHAM SR.PP-SRI.VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2.. SOPHY THOMAS, J ========================= Bail.Appl.No.1504 of 2024 ========================== Dated this the 19th day of March, 2024
ORDER
This is an application for regular bail under Section 439 of Cr PC filed by the sole accused in Crime No.50/2023 of Fort Police Station, Thiruvananthapuram, registered under Sections 376, 376(2)(n) and 376(3) of IPC, Sections 4 r/w 3, 6 r/w 5(1) and 5(n) of POCSO Act and Section 75 of JJ Act.
2. The prosecution allegation is that, the petitioner,
who is the father of the survivor girl, sexually assaulted and committed rape on her even from her childhood and she became depressed and constrained to undergo treatment at Holy Cross Hospital, Kottiyam. Still she is continuing treatment at KIMS Hospital.
3. Heard learned counsel for the petitioner, learned counsel for the 2nd respondent and learned Public Prosecutor.
4. Learned counsel for the 2nd respondent and learned Public Prosecutor opposed the bail application.
5. Learned Public Prosecutor on instructions submitted ..3.. that, investigation is over and draft final report has been prepared.
6. Learned counsel for the petitioner would submit
that, the petitioner is in judicial custody from 29.12.2023 onwards and there is no need for his continued detention, as investigation is over. On the other hand, learned counsel for the 2nd respondent, the survivor girl, would submit that, the petitioner is having criminal antecedents and if he is released on bail, he may come back to the residence, where the survivor girl is staying with her mother, and so their life itself may be in danger.
7. The case file will reveal that now the survivor girl is
aged 24. She is alleging sexual abuse against her father for the last 10 years. No complaint was seen preferred against the petitioner, before Annexure A1 FIR dated 11.01.2023. Since investigation is over, and the criminal antecedents are in connection with the complaint preferred by his first wife, and he is in judicial custody from 29.12.2023 onwards, after taking necessary precautions to safeguard the safety and security of the survivor girl, this Court is inclined to allow this bail application on the following terms:
..4.. i. The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
ii. The petitioner shall report before the Station House Officer, Fort Police Station, Thiruvananthapuram, on alternate Saturdays at 10 AM starting from 30.03.2024, till the trial is over. iii. The petitioner shall not enter the limits of Fort Police Station, Thiruvananthapuram, till the trial is over, except for the purpose of appearing before the SHO. iv. The petitioner shall not try to contact the survivor girl and shall not cause any kind of harassment to her, or her family members, either directly or indirectly.
v. The petitioner shall not influence or intimidate the witnesses, or tamper with the evidence. vi. The petitioner has to surrender his passport before the trial court at the time of executing the bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.
vii. The petitioner shall not leave the limits of State of ..5.. Kerala without getting prior sanction from the trial court. viii. The petitioner shall not commit any offence while on bail. ix. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law. Sd/- SOPHY THOMAS, JUDGE ACR ..6.. APPENDIX OF BAIL APPL. 1504/2024 PETITIONER ANNEXURES Annexure A1 The TRUE COPY OF FIR ALONG WITH FIS IN CRIME NO.50/2023 OF FORT POLICE STATION, THIRUVANANTHAPURAM. Annexure A2 FREE COPY OF THE ORDER IN CRL. M. P NO.
ADDITIONAL SESSIONS JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM