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Judgment
15 paragraphs · 481 wordsM.R.Anitha, J
Petitioner is the sole accused in crime No.595/2021 of Changanacherry Police Station, which is registered for the offences punishable u/s. 376(2)(f), 376(3) of IPC, and Sections 8 r/w.7, 4(2), 10 r/w. 9n, 6 r/w.5(n) of POCSO Act and Section 75 of Juvenile Justice Act.
Petitioner is the father of the victim girl. It is alleged that the petitioner committed penetrative sexual assault upon the victim one day in between 15.4.2021 and 02.05.2021 at about 10.30 p.m while the petitioner and the victim girl were residing in their house at Kurisumoodu, Chethippuzha near Pump House. It is alleged that while the girl was sleeping, petitioner who is the guardian and in actual control over the victim, touched on the chest of the victim and thereafter committed penetrative sexual assault upon the victim.
The defacto complainant was got impleaded at the request of the counsel for the petitioner. Adv. Girija Gopal appeared on behalf of the defacto complainant.
Heard the learned counsel for the petitioner, defacto complainant and also the learned Public Prosecutor. The learned counsel for the defacto complainant would submit that the victim gave a totally different version to her than that is alleged by the prosecution.
Statement of facts has been submitted by the Inspector or Police, Changanacherry Police Station. The investigation made so far revealed the commission of offence committed by the petitioner. It is contended that being the nature of offence alleged to have been committed by the petitioner, he is not entitled to be released on bail at this state. The learned Public Prosecutor also raises objection in granting bail to the petitioner. According to him, medical evidence supports the prosecution allegation against the petitioner.
The petitioner has been under confinement from 09.5.2021 onwards. So in view of the facts and circumstances and taking into account the period of confinement already undergone by the petitioner, I am inclined to grant bail to the petitioner on stringent conditions:
(i) The petitioner shall execute bond for a sum of Rs.75.000/- (Rupees seventy five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.
(ii) He shall report before the investigating officer as and when required.
(iii) He shall not enter into the Village where the defacto complainant is residing.
(iv) He shall surrender his passport before the jurisdictional court within ten days from the date of release; if he does not possess passport, an affidavit shall be filed to that effect;
(v) He shall not try to contact or influence the witnesses or tamper with the evidence;
(vi) He shall not involve in any crime during the period on bail.
In case of violation of any of the above conditions, the jurisdictional court will be at liberty to cancel the bail in accordance with the law.
This bail application is allowed as above.