Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE SHIRCY V. MONDAY, THE 26TH DAY OF JULY 2021 / 4TH SRAVANA, 1943 BAIL APPL. NO. 3989 OF 2021 CRIME NO. 819 OF 2020 OF CHELAKKARA POLICE STATION PETITIONER/ACCUSED: XXXX BY ADV PRAMOJ ABRAHAM RESPONDENT: STATE OF KERALA REP. BY THE S.H.O., CHELAKKARA POLICE STATION, THRISSUR THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031 OTHER PRESENT: C.N.PRABHAKARAN-SR.P.P THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
DATED THIS THE 26TH DAY OF JULY, 2021
The petitioner, who is undergoing incarceration in connection with Crime No. 819 of 2020 of Chelakkara Police Station registered for the offences punishable under Sections 354A(1)(i), 354B, and Section 511 of Section 376(3) of Indian Penal Code, Section 4(2), 10 and 18 read with Section 9(n), 9(t) of Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection) Act has filed this application seeking his release on bail.
2. Heard the learned counsel for the petitioner as well the learned Public Prosecutor.
3. The prosecution allegation is that the
petitioner, who is the father of the victim, a minor child aged 14 years, had subjected her to aggravated penetrative sexual assault on various days while she was residing along with him at his residence and thereby he had committed the alleged offences.
4. According to the learned counsel for the
petitioner, he has been falsely implicated in the case at the instigation of his wife, who is on inimical terms with him, as he has questioned her extra marital relationship. It is also pointed out by the learned counsel for the petitioner that he is in custody from the date of his arrest on 29.10.2020. Now charge sheet has been filed and his further detention is not required by the investigating agency.
5. The learned Public Prosecutor has
vehemently opposed this application and contended that granting of bail to this petitioner just considering the fact that he is undergoing incarceration right from 29.10.2020, the date of his arrest, will cause much trauma, difficulties and inconvenience as well harassment to the minor child as he being her father. Moreover, it is pointed out by the learned Public Prosecutor that there is an allegation against this petitioner that he had molested his elder daughter and a case has been registered for the said offence against him and now that case is also pending before the First Additional Sessions Court, Thrissur as S.C. No.696 of 2020.
6. Of course, investigation of the case is
over and now the case is pending for trial before the First Additional Sessions Court, Thrissur as S.C. No. 805 of 2020. But it is pertinent to note that the allegation is against none other than the father of the minor child, aged only 14 years. I find much merit in the argument advanced by the learned Public Prosecutor that her life will not be safe if the petitioner is granted bail as the minor has to give evidence before the court without any fear or influence about the trauma she had suffered from the hands of her father. Criminal intimidation from his side also cannot be ruled out. Considering the gravity of the offences as well the other fact that his elder daughter was also alleged to have been sexually assaulted by this petitioner, I am not inclined to accept the request of the learned counsel for the petitioner and enlarge him on bail just considering the fact that he is undergoing incarceration right from the date of his arrest. Dismissed. Sd/- SHIRCY V. JUDGE sb