XXXX vs State Of Kerala

Raja Vijayaraghavan V., J

The above captioned application seeking anticipatory bail has been filed under Section 438 of the Code of Criminal Procedure (“Code†for

short) by the 2nd accused in Crime No.1303/2020 of Chalakudy Police Station, registered for the offences punishable under sections 354, 354A(1)(iv),

324, 509 of IPC and sections 10 r/w 9(n), 9(p), 9(l), 12 r/w 11(i), 16(3) r/w 17 & 21 of the Protection of Children from Sexual Offences Act, 2012 and

section 75 of JJ Act, 2015.

The daughter of the applicant herein is the informant in the instant case. She alleges in her statement that accused No.1 is in a relationship with her

mother and they are residing together in the same house. The allegation is that the 2nd accused with the active consent and connivance of her mother

used to molest the child sexually and subject her to sexual assault. Though the helpless child brought these aspects to the notice of her mother, she

turned a blind eye towards the same and did not report the incident to the authorities. It is also alleged that the applicant used to assault the child and

even inflict burn injuries to silence her. It is on these allegations information was furnished and a crime was registered.

The learned counsel appearing for the applicant submitted that the petitioner is innocent of the allegations. According to the learned counsel, though

serious allegations are raised against the accused, her version is not supported by medical records.

The learned Public Prosecutor opposed the prayer with much vehemence. He has made available the case records. Relying on the case records

and also the wound certificate, it is contended that the materials collected till date supports the prosecution version

I have carefully considered the submissions advanced and have carefully evaluated the materials. It appears from the statement furnished by the

child itself that the applicant herein has committed serious acts of cruelty upon her. The medical records clearly substantiate the version of the child.

As of now, the claim of the learned counsel for the applicant that the allegations against the applicant are of vague nature cannot be countenanced. A

probe into the veracity of the allegations at this point of time is not warranted. Suffice to say, considering the nature of the allegations, the role

assigned to the applicant and the severity of the injuries inflicted, and the stage of investigation, I find no plausible reason to grant an order of pre-

arrest bail to the petitioner.

This application will stand dismissed.