Shihab V.A.Vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.706 of 2023 of Thadiyittaparamba Police Station, Ernakulam, registered under Sections 354A(1)(i), 354B, 376(2)(f), 376(2)(n), 376AB, 506 and 354 of IPC and Sections 9n, 9m, 9l, 10, 7, 8, 5n, 5l, 5m, 6, 3A and 4(2) of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that the petitioner, who is the father of the victim girl, aged 9 years, sexually assaulted her on several occasions, while she was staying with her mother at the house of mother.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that this is an offshoot of some matrimonial disputes pending between himself and his wife. The victim had relationship with some other boys, and that fact is mentioned in the FI Statement itself. In the 164 statement, the child has stated nothing against the petitioner. Moreover, the petitioner is suffering from some mental disorders and prolonged incarceration may pose severe threat to his mental health.

On instructions, learned Public Prosecutor would submit that the investigation is over and final report has been filed. In such circumstances, his continued detention may not be necessary. But, while releasing the petitioner on bail, the safety and security of the child has to be taken care of, and as there is an allegation that the petitioner is suffering from some mental disorders, his illness also has to be taken care of by his relatives.

In such circumstances, this Court is inclined to allow this application on the following terms:

(i). The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, who are his close-relatives, each for the like sum to the satisfaction of the trial court.

(ii). The petitioner shall report before the investigating officer as and when directed.

(iii) The petitioner shall not enter the limits of Thadiyittaparamba Police Station, where the victim girl is residing with her mother, till the trial is over, except for the purpose of appearing before the investigating officer and the court.

(iv). The petitioner shall not try to contact the victim girl or her family members and shall not cause any kind of harassment to them, either directly or indirectly.

(v) 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.

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

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

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

(ix) The CWC, Ernakulam, has to keep an eye on the welfare and wellbeing of the victim girl, by conducting periodic visits at her residence and report shall be filed once in two months before the trial court.

(x) Learned Public Prosecutor to serve a copy of this order to the Chairman of CWC, Ernakualm, forthwith.