Xxx And Ors vs State Of Kerala And Ors

Application for regular bail.

The petitioners are accused Nos.2 and 3 in Crime No.844/2020 of Kumbala police station registered for the offences punishable under Sections

376(2)(n), 376(3), 370(4), 506, 354A(1) (i), Section 3(2) r/w Section 4, Section 5(1) r/w Section 6, Section 7 r/w section 8, and Section 16 r/w Section

17 of Protection of Children from Sexual Offences Act and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015.

The petitioners have been in custody since 17.12.2020.

The prosecution allegation is as follows:

The victim is a minor girl. She is the daughter of the first petitioner. Her husband has abandoned her and her minor children. So she was residing along

with her minor children at her residence. The first accused was a social worker alleged to be engaged in charity works in the locality. On 20.10.2020

he had approached the first petitioner, the mother of the victim and informed that he is ready to bear all the educational expenses of the victim so as to

enable her to continue her studies in future. As the first petitioner is not having any financial capacity to help her daughter to pursue her future studies,

believing the words of the first accused she accepted the offer made by the first accused. Thereafter to pursue the future studies of the victim, he

again approached the first petitioner and took the victim along with him. While so, on the very same day he took her to his residence and committed

rape on her. The second petitioner who is the third accused is the wife of one Wasim Pasha . As requested by the first accused she permitted the

victim to stay at her residence. Thereafter also one day he came to her house and sexually abused her and thereby committed the aforesaid offences.

Heard the learned counsel for the petitioners as well the learned Public Prosecutor.

The learned counsel for the petitioners would submit that they have not committed any offence as alleged . But they are undergoing incarceration

for about two months.

The learned Public Prosecutor has opposed the application and submitted that the investigation of the case is only in progress.

I have perused the FI statement of the minor child. Her statement would reveal that the offence alleged is committed by the first accused on a false

promise under the pretext to assist her financially to meet the expenses for the studies of the minor child. It is also revealed that he had exploited the

poverty of the first petitioner who was abandoned by her husband. She has been residing along with minor children as her husband had abandoned her

and her children and they were left with no one for help. So it appears that she believed the words of the first accused who pretended to be a social

worker engaged with charity works. But he committed the alleged offence against the victim.

Considering the nature of accusations levelled against these petitioners, I think that there is no serious allegation against them so as to implicate both

of them in the offence charged against the first accused in this case. Moreover the investigation of the case against these petitioners are almost over

and further detention is not necessary to file the charge sheet against them.

Considering all these facts, I think that the request for release on bail can be considered favourably and they can be released on bail subject to the

following conditions.

(i) The petitioners shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the

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

(ii) The petitioners shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioners shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.