Chinju vs State Of Kerala

Sophy Thomas, J

This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 filed by one Smt.Chinju and one Mr. Nithin Karthik, alleging that a crime has been registered against them under Section 75 of Juvenile Justice Act, and they are apprehending arrest.

Learned Public Prosecutor, on instructions, submitted that Crime No. 319 of 2024 of Kollam West Police Station was registered against the 2nd petitioner as 1st accused, and one Mr. Babith as the 2nd accused, under Sections 354A(1)(i), 294(b), 506 r/w Section 34 of IPC and Sections 8,7 of POCSO Act.

The prosecution allegation is that, the 2nd petitioner and his friend Babith, sexually assaulted the 16 year old daughter of Smt.Chinju (the 1st petitioner).

Heard learned counsel for the petitioners and learned Public Prosecutor.

Since, Smt.Chinju is not an accused in Crime No. 319 of 2024, this bail application is liable to be closed as against her (1st

petitioner). But as far as the 2nd petitioner (A1) is concerned, the allegation is that, he grabbed the hand of the survivor girl, when he reached her house to see her mother.

Learned counsel for the petitioners would submit that, the husband of the 1st petitioner, died due to Covid, and thereafter, a marriage was proposed for the 1st petitioner with the 2nd petitioner. Since parents of her deceased husband is opposing their marriage, her daughter is made a tool to file a false complaint against the 2nd petitioner.

Learned Public Prosecutor, on instructions, would submit that, now the children are staying along with the maternal and paternal grand parents.

Learned counsel for the petitioners would submit that the petitioners are now at Thiruvananthapuram and they are intending to conduct their marriage soon.

The bail application as against the 1st petitioner is closed as she is not made an accused in Crime No. 319 of 2024. As far as the 2nd petitioner is concerned, the bail application is allowed on the following terms:-

i. The 2nd petitioner is directed to surrender before the Investigating Officer on or before 30.03.2024, and subject himself for interrogation. The investigating officer shall interrogate him to collect all materials and evidence relevant for the purpose of investigation.

ii. In the event of arrest, the 2nd 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. The 2nd petitioner shall appear before the investigating officer as and when directed.

iv. The 2nd petitioner shall not enter the limits of Kollam West police station, for a period of six months or till the final report is filed whichever is earlier, except for the purpose of appearing before the Investigating Officer.

v. The 2nd petitioner shall not contact the survivor girl or her grand parents, and shall not cause any kind of harassment to them directly or indirectly.

vi. The 2nd petitioner shall not influence or intimidate the witnesses or tamper with the investigation.

vii. The 2nd petitioner has to surrender his passport before the arresting officer at the time of executing the bond, and if he is not having a passport, he has to file an affidavit to that effect.

viii. The 2nd petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

ix. The 2nd petitioner shall not commit any offences while on bail.

x. In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.