X vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

Petitioner is the accused in Crime No.51/2021 of Aluva East Police station, alleging commission of offences under Section 354A(1)(i) of the Indian Penal Code and Sections 8 r/w. 7, 10 r/w. 9(m)(n) of Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that, on a day in October, 2020, he caught hold of his minor daughter and caressed on her buttocks and thereby committed sexual assault on her. The crime has been registered on the basis of the information given by the wife of the petitioner.

It appears that another crime namely, Crime No.47/2021 of Aluva East Police Station, was registered against the petitioner at the instance of his wife where the allegation was that the petitioner had committed offences under Sections 354 and 201 of the Indian Penal Code and Section 119(1)(b) of the Kerala Police Act. The information which led to registration of Crime No.47/2021 of Aluva East police station was given on 15.01.2021. Learned counsel appearing for the petitioner submits that in respect of Crime No.47/2021 of Aluva East police station, the petitioner was released on bail by the Judicial First Class Magistrate Court, Aluva on 16.01.2021. He submits that on the very next day, i.e., on 17.01.2021, Crime No.51/2021 of Aluva East police station was registered on the basis of the allegations indicated above. It is his submission that the attempt was only to ensure that the petitioner be put behind the bars for some days on the basis of cooked up and baseless allegations.

Learned Public Prosecutor, on instructions, would submit that this is a case where the allegation is that the petitioner had committed sexual assault on his own daughter who is aged only 3 ½ years at the time of the incident. He submits that the allegation is very serious and have to be properly investigated. Learned Public Prosecutor opposes grant of anticipatory bail.

Taking note of the submissions and considering the facts and circumstances of the case and also considering the fact that the allegations which led to registration of Crime No.51/2021 of Aluva East Police Station relates to an incident which is alleged to ave been taken place in October, 2020 and also considering the fact that no such allegation was raised while giving statement which led to registration of Crime No.47/2021 of Aluva East Police Station by the very same de facto complainant, I am of the view that there is, prima facie, merit in the contention of the learned counsel appearing for the petitioner that the allegations are cooked up and baseless. However, this is a matter to be thoroughly investigated. Taking note of the above, I am of the opinion that anticipatory bail can be granted to the petitioner subject to strict conditions.

In the result, this application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in crime No.51/2021 of Aluva East police Station subject to the following conditions:-

(i) Petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.51/2021 of Aluva East Police station as and when summoned to do so;

(iii) The petitioner shall not attempt to contact the victim or the de facto complainant or interfere with the investigation or to influence or intimidate any witness in Crime No.51/2021 of Aluva East police station;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No..51/2021 of Aluva East police station may file an application before the jurisdictional Court, for cancellation of bail.