Visobh K.V. vs State Of Kerala

This application is filed under Section 438 of the Cr.P.C.

The applicant herein is the 1st accused in Crime No.1346 of 2018 registered at the Munambam Police Station. In the aforesaid Crime, he is being proceeded against for having committed offences punishable under Section 363 r/w. Section 34 of the IPC, Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012, and under Section 77 of the Juvenile Justice (Care and Protection) of Children Act, 2015.

The victim in the instant case is a minor girl studying in the X Standard. According to the victim, she is aged about 16 years. She was called by the applicant on 2.8.2018 and was asked to come to Paravur. He is alleged to have told her that he was having an infatuation towards her and wanted to hug her. She, however, told him that she would rather visit Cherai beach. As requested by the applicant, she reached Paravur at about 12 noon on the next day. The applicant was waiting for her at the bus stand in a car. She was told that the car belonged to the 2nd accused. During the way to the beach, they picked up the 2nd accused and he is alleged to have sat on the back seat of the car. The 2nd accused got down later. The victim went to the beach with the applicant and the 3rd accused. They sat and had a conversation for some time. The applicant is alleged to have offered a joint and they both smoked. Later, he is alleged to have sexually abused her.

The learned counsel appearing for the applicant submitted that numerous crimes were registered at the instance of the minor girl and this is also one such case. According to the learned counsel, though the incident had occurred on 2.8.2018, the crime was registered after much delay. It is further submitted that the accused Nos.2 and 3 have been granted pre-arrest bail by various courts. He would finally urge that the investigation is almost complete and in that view of the matter, the custodial interrogation of the applicant is unwarranted.

The learned Public Prosecutor has very strenuously opposed the prayer. It is pointed out that a minor child has been sexually abused by the applicant and the main allegations are directed against him. It is submitted that the applicant had earlier approached this Court and by Annexure-C order dated 21.01.2019, his bail application was dismissed as withdrawn. It is finally submitted that this Court will not be justified in arming the applicant with an order of pre-arrest bail.

I have considered the submissions advanced and have perused the materials made available, including the 164 statement. It appears that the main allegations are centered against the applicant herein. The victim is a minor child and, prima facie, there are materials to show the complicity of the applicant herein. Having regard to the nature and gravity of the allegations, the role assigned to the applicant, the age of the victim, the materials in support thereof and attendant facts, it does not appear to be a case in which this Court will be justified in granting the applicant an order of pre-arrest bail.

This petition will stand dismissed.