Nithya 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 accused Nos. 1 to 5 in Crime No. 517 of 2021 of Fort Police Station, Thiruvananthapuram, registered under Sections 323, 324, and 506 r/w Section 34 of the Indian Penal Code and Section 75 of the Juvenile Justice (Care and Protection of Children) Act.

The prosecution allegation is that, the petitioners, who are the stepmother and her relatives of the victim girl, subjected her to physical assault, while she was staying with them, in a flat at Maruthoorkadavu. Unable to bear the ill-treatment, the victim girl had to go along with her mother’s relatives.

Heard learned counsel for the petitioners and learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioners would submit that, this is a false case registered, at the instigation of the father of the victim girl, who was not in good terms with the 1st petitioner, who is his present wife. Apprehending matrimonial litigations, at the instance of the 1st petitioner, under his instigation, his minor daughter lodged a false complaint against the petitioners. They are ready to abide by any conditions imposed by this Court.

When the bail application was taken up for consideration on 04.03.2024, a report was called for from CWC, Thiruvananthapuram to know about the welfare and wellbeing of the minor victim. They filed a report stating that, now the child is residing with her father and maternal grandmother at Ernakulam and so, they could not collect data directly from the child and her father. So, CWC, Ernakulam was impleaded as additional 3rd respondent, and a report was called for, as to the welfare and wellbeing of the victim girl. A report is received from CWC, Ernakulam stating that, now the child is staying with her father and maternal grandmother, and she is studying in 10th standard in SMHS School, Cherai. The child is living happily with the father and her maternal grandmother.

Since the welfare and wellbeing of the victim girl is now taken care of by her father and material grandmother and they are at Ernakulam, there is no chance for the petitioners to make any further harassment against her. Moreover, the petitioners are the stepmother and her relatives.

In such circumstance, this Court is inclined to allow this bail application on the following terms:-

i. The petitioners are directed to surrender before the Investigating Officer on or before 30.03.2024, and subject themselves for interrogation. The investigating officer shall interrogate them to collect all materials and evidence relevant for the purpose of investigation.

ii. In the event of arrest, the petitioners shall be released on bail on executing bond for Rs.50,000/-(Rupees fifty thousand only) by each, with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

iii. The petitioners shall appear before the investigating officer as and when directed.

iv. The petitioners shall not contact the victim or her family members and shall not cause any kind of harassment to them directly or indirectly.

v. The petitioners shall not influence or intimidate the witnesses or tamper with the investigation

vi. . The petitioners shall not commit any offences while on bail.

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