SURESH KUMAR vs STATE OF KERALA & ANR

This petition is filed under Section 439 of the Code of Criminal Procedure.

The petitioner herein is the accused in Crime No.1779 of 2017 of the Parassala Police Station, registered alleging offence punishable under

Sections 354, 354(A)(i), (ii), (iv), 354(C) & 506(i) of the IPC and Sections 7 read with Section 8 & 9(l)(n) of the Protection of Children from

Sexual Offences Act, 2012.

The victim in the instant case is a 13 year old girl, who is none other than the daughter of the petitioner herein. Prosecution allegation is that

during the period from January, 2017 till October, 2017, the petitioner on repeated occasions touched the breasts and intimate parts of the minor

girl and also stealthily took her photographs during her private moments.

The learned counsel appearing for the petitioner strenuously contended that the allegations are untrue. According to the learned counsel, the

petitioner herein had married the mother of the victim more than 14 years back and their marriage has been in the doldrums. They have been

staying separately for almost the entire period of their matrimonial life. After residing separately for the past 6 years, they started living together in

the month of January 2017. The wife and her family members insisted that he assign the property in the name of the minor child. When he refused,

untrue allegations are now being raised is the submission. It is submitted that he was assaulted by the family members of his wife in the recent past.

Finally, it is submitted that he was arrested on 13.10.2017 and prays for his release on bail.

The learned Public Prosecutor has opposed the prayer. It is submitted that the investigation has been completed and the final report has been

laid. It is further urged that the allegations are extremely grave.

I have considered the submissions advanced and have gone through the case diary. final report has been laid before the jurisdictional court on

20.12.2017. Though the allegations are grave, I am of the view that further detention of the petitioner is uncalled for. There are materials in the

case diary, which would probablise some of the contentions advanced by the learned counsel. A deeper probe is not warranted at this stage.

Having regard to the nature and gravity of the allegations, the materials in support thereof, the relationship between the parties, the period of

incarceration undergone and attendant facts, I am of the view that further detention of the petitioner is unwarranted.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

1). The petitioner shall be released on bail on his executing a bond for Rs. 50,000/-(Rupees Fifty thousand only) with two solvent sureties each for

the like sum to the satisfaction of the court having jurisdiction.

2).The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not contact or

communicate with the victim or the members of her family.

3). He shall not enter the limits of the Parassala Police Station for a period of six months. If for any extraordinary reason the petitioner requires to

enter the limits, previous permission has to be obtained from the jurisdictional Court.

4). The petitioner shall not commit any offence while he is on bail.

5). The petitioner shall not leave the country without the prior permission of the court having jurisdiction.

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.