Sajeev vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of CrPC filed by the sole accused in Crime No.1997/2023 of Sasthamcotta Police Station, Kollam, registered under Sections 323, 324 and 506(1) of IPC; Sections 7 r/w 8, 9(l), 9(m), 9(n), 9(p), 10 and 11(ii) r/w 12 of POCSO Act and Section 75 of JJ Act.

The prosecution allegation is that, the petitioner, who is the father of the victim boy aged 11 years, sexually assaulted him.

Heard learned counsel for the petitioner and learned Public Prosecutor.

Learned  Public  Prosecutor  opposed  the  bail application.

Learned counsel for the petitioner would submit that, this is an offshoot of the matrimonial disputes pending between the petitioner and his wife. Three crimes were registered against the petitioner on complaints of similar nature made by his three children. He is in judicial custody from 29.12.2023 and he is ready to abide by any conditions imposed by this Court.

Learned Public Prosecutor on instructions submitted that, investigation is over and final report has been filed. Admittedly, matrimonial disputes are pending between the petitioner and his wife and Crime no.1939/2023 of Sasthamkotta Police Station was registered against the petitioner on the complaint made by his wife. So it probabilises the case of the petitioner that, under the instigation of the wife, complaints were made against the petitioner by his children alleging POCSO offences.

Since investigation is over and final report has been filed, and the petitioner is in judicial custody from 29.12.2023 onwards, this Court is inclined to allow this bail application on the following terms:

i. The 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 Trial Court.

ii. Thereafter, the petitioner shall appear before the Investigating Officer, as and when directed.

iii. The  petitioner  shall  not  enter  the  limits  of Sooranadu Police Station, within the limits of which, the victim is residing with his mother and siblings.

iv. The petitioner shall not try to contact the victim and shall not cause any kind of harassment to him, either directly or indirectly.

v. The petitioner shall not influence or intimidate the witnesses, or tamper with the evidence.

vi. The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

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

viii. The petitioner shall not commit any offence while on bail.

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