Jayandran vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.507 of 2019 of Ariyancode Police Station, Thiruvananthapuram District, alleging offences under Section 376(f)(i)(h) and Section 313 of the Indian Penal Code, 1860 apart from Section6, Section5j(iii)(1), Section 21(1), Section21(9) and Section19 of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused committed penetrative sexual assault on the victim during the period when she was studying in 7th standard till 12th standard and thereafter when she became pregnant in the year 2014, the petitioner and the other accused including the mother of the victim cause her to abort the pregnancy, thereby committing the offences alleged.

Sri. Joseph Antony C., the learned counsel for the petitioner contended that the incident alleged by the victim refers to a period up till 2014 and that the very delayed complaint itself clearly indicates the falsity of the prosecution case. A petition to quash the proceedings is also pending as Crl.M.C.No.3588/2022 is pending before this Court. It was further pointed out that petitioner is willing to abide by the conditions and that he is also ready to co-operate with the investigation.

Sri.G.Sudheer, the learned Public Prosecutor opposed the grant of bail and contended that petitioner had been absconding for the last two years and therefore the investigation could not be proceeded with.

I have perused the case diary especially the statements of the victim and other witnesses. I notice that the victim is alleged to have aborted the pregnancy under the compulsion of the petitioner while she was in the 5th month of her pregnancy. However, the case diary reveals that investigation could not unearth any record from the hospital regarding such an abortion, and nor has the investigation been able to recover any evidence about the alleged abortion. The allegation is that an abortion was conducted in the fifth month of her pregnancy. The other witnesses have also spoken contrary to the victim’s allegation.

Having regard to the nature of the allegations, though I am of the view that though the same are serious in nature considering the entire circumstances including the delay in lodging the complaint, limited custody of the petitioner will suffice the investigation.

Accordingly, this application is allowed on the following conditions:

(i) Petitioner shall appear before the Investigating Officer for three days on 13-10-2022, 14-10-2022 and 15-10-2022 and subject himself to interrogation on those days from 9.am to 6. pm.

(ii) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he shall be released on bail on him executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum before the Investigating Officer.

(iii) Petitioner shall appear before the Investigating Officer and also surrender the passport until conclusion of the investigation.

(iv) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members;

(v) Petitioner shall not commit any similar offences while he is on bail.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction and shall surrender his passport to the Investigating Officer.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.