Gopalan vs State Of Kerala

M.R.Anitha, J

Petitioner is the sole accused in Crime No.522/2021 of Nenmara Police Station, Palakkad District, registered under Section 376(AB) of IPC and Section 4(2) r/w Section 3(b), Section 6(1) r/w Section 5(m) and Section 12 r/w Section 11(i) of the Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that on 05.07.2021 at about 17.00 hrs., the accused who is a neighbour of the victim girl aged 4 ½ years, called her near to him while she was playing in the courtyard, thereafter, with a sexual intent removed her pants and penetrated his finger in the vagina of the survivor and exhibited his private part to the survivor and thereby the accused committed the aforesaid offences.

The learned counsel for the petitioner submitted that the petitioner was arrested on 08.08.2021. It is his contention that the petitioner is totally innocent and no incident as alleged had occurred. It is also his contention that the petitioner is aged 70 years and taking into account the period of confinement he had already undergone, he seeks for bail.

The learned Public Prosecutor seriously objects in considering the petition and it is reported that he is only 68 years old.

The report of the Investigating Officer along with the medical records of the victim has been produced. In the report filed by the Inspector, Station House Officer, it has been stated that there is possibility of the accused threatening the victim and family members, influencing the witnesses and also destroying the evidences. It is further submitted that there is threat to the life of the victim.

Though notice was issued to the victim, there is no representation or appearance on behalf of the victim.

The medical records produced from the side of the respondent would show that the victim girl narrated the incident to the Doctor and the clinical examination report shows that the Posterior commissure, Fourchette and fossa navicularis are intact. Hymen also intact. It is also reported that there is no recent vaginal or anal penetration. However, the incident alleged to have occurred on 05.07.2021 and the medical examination was on 08.08.2021. Taking into account the fact that the petitioner is aged 68 years and the facts and circumstances, I am inclined to grant bail to the petitioner with effect from 12.10.2021 with stringent conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall not enter into the village where the victim girl resides.

(iii) The petitioner shall appear before the SHO concerned for interrogation on all Mondays between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier.

(iv) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week for his release on bail.

(v) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(vi) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.