XXXX vs State Of Kerala

Gopinath P, J

1.This is an application for anticipatory bail.

Petitioner is the accused in Crime No.1223/2021 of Vattiyoorkavu police station, alleging commission of offences punishable under Section 354 of the Indian Penal Code and Section 8 read with 7, 9(p), 9(I) and 9(m) of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'the POCSO Act').

The crime was registered on the information given by a minor victim girl on 09.09.2021 . The first allegation against the petitioner relates to the period 2011 when the victim girl was studying in the 1st Standard. It is alleged that the victim girl used to remain back at the house of the petitioner who is her relative, after tuition at a nearby place while waiting for her mother to come and pick her up. It is alleged that, on several occasions from 2011 and thereafter, the petitioner had touched the private parts of the victim girl with sexual intent and thereby he had committed the offences alleged against him.

Learned  counsel  appearing  for  the  petitioner submits that the allegations are completely false. It is submitted that the allegations are raised only when the petitioner objected to a love affair of the victim girl and that the allegations were raised nearly 10 years of the alleged incident. It is submitted that the petitioner is a 60 year old man and that the allegations under the POCSO Act may not be attracted as the incident complained of occurred even prior to the coming into force of the POCSO Act. He also submits that custodial interrogation of the petitioner is not necessary, in the facts and circumstances of this case.

Learned Public Prosecutor, on instructions and with reference to the statement given by the victim girl under Section 164 of the Criminal Procedure Code, would submit that the allegations relate to a period even after coming into force of the POCSO Act. It submitted that the allegations against the petitioner relates to touching the private parts of the victim girl was when she was six or seven years old. It is submitted that even in the statement under Section 164 Cr.P.C given by the victim girl, she has clearly described the manner in which the petitioner had assaulted her.

I have also gone through the statement given by the victim girl under Section 164 Cr.P.C. Having regard to the facts and circumstances of the case and especially taking note of the fact that the allegations have been raised by the first time after nearly ten years after the date of incident, I am of the view that petitioner can be released on bail subjected to strict conditions to ensure that he does not interfere with the investigation in any manner.

In the result, this application is allowed. It is directed that the petitioner shall be released on anticipatory bail, in the event of arrest in crime No.1223/2021 of Vattiyoorkavu 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.1223/2021 of Vattiyuoorkavu Police station on every Saturday at 11.00 am until further orders;

(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.1223/2021 of Vattiyoorkavu 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.1223/2021 of Vattiyoorkavu police station may file an application before the jurisdictional court, for cancellation of bail.