Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 BAIL APPL. NO. 10536 OF 2022 SC 1029/2022 ON THE FILE OF THE SPECIAL COURT FOR THE TRIAL OF OFFENCES UNDER THE POCSO ACT] [CRIME NO.482/2022 OF MANJERI POLICE STATION, MALAPPURAM DISTRICT.] PETITIONER/ACCUSED: NASEER, AGED 50 YEARS S/O. YUSUF, MACHINGAL HOUSE, VEEMBUR, MARIYAD.P.O, MALAPPURAM, PIN - 676122 BY ADVS. K.R.AVINASH (KUNNATH) ABDUL RAOOF PALLIPATH PRAJIT RATNAKARAN RESPONDENT/S: THE STATE OF KERALA, REPRESENTED BY SUB - INSPECTOR , MANJERI POLICE STATION, MALPPURAM DISTRICT - THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV C S HRITHWIK - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :2 :
ORDER
Dated this the 1st day of March, 2023 This is an application for regular bail.
2. The petitioner is the accused in crime No.482/2022 of
Manjeri Police Station. The offences alleged against the petitioner are punishable under Sections 376(2)(n)(f) and 376(3) of the Indian Penal Code and Section 5(n)(p) read with Section 6,11(i) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 and also under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.
3. The petitioner is the father of the victim, a minor girl.
The prosecution case is that, while the victim was studying in 7 th standard, the petitioner committed penetrative sexual assault upon the victim. After that, the similar acts were repeated on various occasions for years. The matter was ultimately reported to the Police during the month of June, 2022, and the crime was registered in such circumstances. The petitioner was arrested as part of the investigation on 11.08.2022. Since then, the petitioner has been under judicial custody. :3 :
4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. He was falsely
implicated in the said case. It is further contended that the investigation in this case is already completed, the final report submitted, and the matter is now pending before the Special Court for the Trial of Offences Under the Protection of Children from Sexual Offences Act, Manjeri as S.C. No.1029/2022. Therefore, it is pointed out that further incarceration of the petitioner is not necessary, and he is prepared to abide by any conditions imposed by this Court.
5. On the other hand, the learned Public Prosecutor would
oppose the aforesaid contentions. According to him, even though the investigation is completed and the final report submitted, the release of the petitioner cannot be made, as the petitioner is likely to influence the witnesses, being the father. Therefore, the dismissal of the application was sought.
6. I have gone through the records and heard the
contentions raised from both sides. The investigation in this case is indeed completed and the matter is pending as Sessions Case before the Special Court. However, on going through the records, it is can be seen that there is specific allegation of repeated penetrative sexual assault by the petitioner who is none other than
:4 : father of the victim. Such sexual assaults were continuing from 2020 to 2022. The documents placed before me contains allegations of heinous nature. The petitioner is a person who is likely to influence the victim as well as the other witnesses. The victim and her family belong to lower strata of Society with minimal financial capacity. Therefore, the chances of influencing the witnesses are very high, and therefore the release of the petitioner may not be proper, when considering the necessity of a fair trial is considered.
7. When the matter came up before this Court on the last
occasion, during the course of hearing, this Court expressed the view that the release of the petitioner was not proper. Thereupon, the learned counsel for the petitioner prayed for an order for speedy disposal of the case if this Court is not inclined to grant bail. Consequently, a report was sought from the learned Special Judge as to the time within which the trial of the same can be completed. In response to the same, a report dated 27.02.2023 has been placed on record, wherein it is mentioned that the trial of the said case can be completed within a period of six months.
In such circumstances, even though I am not inclined to release the petitioner on bail, this application is disposed of, directing the learned Magistrate to dispose of S.C. No.1029/2022 :5 : within a period of six months from the date of production of a copy of this order. With the above observation, this bail application is disposed of. Sd/- ZIYAD RAHMAN A.A. JUDGE ncd :6 : APPENDIX OF BAIL APPL. 10536/2022 PETITIONER ANNEXURES Annexure1 THE CERTIFIED COPY OF THE ORDER DATED 14.12.2022 IN CRIMINAL MISCELLANEOUS PETITION. NO: 501/2022 IN SC NO: TRIAL OF OFFENCES UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT - MANJERI