T.D. Shobhana vs State Of Kerala

This is an application filed u/s 438 of Code of Criminal Procedure seeking pre-arrest bail.

The petitioner is the accused No.2 in Crime No.500/2020 of Thrikkunnapuzha Police Station, Alappuzha. The offences alleged are under Sections

450, 376(2)(f)(3) and 315 of IPC and S.3(a)(2) r/w 4, 5(j)(ii) r/w 6, 7, 8 and 21 of the POCSO Act.

The prosecution case in short is that the first accused committed rape on the victim aged 17 years as a result of which she became pregnant and

the mother of the victim took the victim to the petitioner on 11/5/2020 who aborted the pregnancy and failed to report the matter to the authorities and

thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and she has been falsely implicated in the present case. He

further submitted that there are no materials to connect the petitioner with the alleged crime and hence she is entitled to get bail. The learned Public

Prosecutor opposed the bail application. She contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and

if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner is a lady Doctor working as Medical Director at Deepa Hospital, Karuvatta, Harippad. The petitioner had retired from Kerala State

Health Service as Deputy Director of Health Services in the year 2004. According to the petitioner, the victim along with her mother came to consult

her on 11/5/2020 and on examination it was found that the victim was two months pregnant. It is the definite case of the petitioner that the real state

of affairs leading to pregnancy was not disclosed to her. That was the reason why she did not report the matter to the police. According to the

petitioner, she gave symptomatic treatment including antibiotics and was asked to come for review after five days but the victim did not turn up

thereafter. There is nothing on record to show that the act of the petitioner, if any, was intentional. The petitioner has no criminal antecedents.

Considering the allegations levelled against the petitioner, her custodial interrogation does not appear to be necessary. For all these reasons, the

petitioner is entitled to pre-arrest bail on conditions.

In the result, the application is allowed on the following conditions:-

(i) The petitioner shall be released on bail in the event of her arrest on executing a bond for `1,00,000/- (Rupees One lakh only) with two solvent

sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The petitioner shall fully co-operate with the investigation, including subjecting herself to the deemed police custody for the purpose of discovery, if

any, as and when demanded.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner

shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to

tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.