XXXX vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.522 of 2021 of Valanchery Police Station, Malappuram District, alleging commission of offences under Sections 376AB and 376(2)(f)(n) of the Indian Penal Code, Section 6 read with Section 5(l)(m(n) of the Protection of Children from Sexual Offences Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The allegation against the petitioner is that he committed sexual assault and rape on the minor victim girl, who is none other than his daughter from his second marriage.

The learned counsel for the petitioner submits that the allegations are completely false. It is submitted that the medical report of the victim does not support the allegations. It is submitted that the allegations came to be raised only on account of the fact that the petitioner was spending some money for the marriage of his daughter from his first marriage. It is submitted that the marriage of the daughter from his first marriage was solemnized on 24.11.2021. It is submitted that the petitioner has completed 86 days in custody as on date and further detention is not necessary for the purpose of investigation of the case.

The learned Public Prosecutor, on instructions, submits that though the medical report of the survivor did not show the occurrence of penetrative sexual assault, the same cannot be proof of the fact that there was no such assault, as the incident alleged relates to a period two years prior to the date of the medical examination report. It is alleged that when the allegations of the nature levelled against the petitioner is raised by his own daughter, the allegations are extremely serious and the petitioner is not entitled to any indulgence what so ever. It is submitted that the victim being none other than the daughter of the petitioner from his second marriage, there is every chance that the victim may be influenced and intimidated, if the petitioner is released on bail.

Having regard to the facts and circumstances of the case, I am of the opinion that the continued detention of the petitioner is not required for the purpose of investigation into the matter. The petitioner has already completed 86 days in custody. The apprehension of the learned Public Prosecutor that the minor victim and other witnesses in the case may be influenced and intimidated by the petitioner can be taken care of by imposing sufficient conditions. On a question from the Court, the learned counsel for the petitioner has stated that the petitioner had been providing money for the care and maintenance of the minor victim girl and her mother and that he is willing to continue providing such support. It is submitted that a sum of Rs.5,000/- will be paid by the petitioner, without fail, to the mother of the minor victim every month. It is also submitted that all other requirements of the household will be taken care of by the petitioner. This submission of the learned counsel for the petitioner is recorded.

In the light of the above discussion, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall appear before the investigating officer in Crime No.522 of 2021 of Valanchery Police Station, Malappuram District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not enter the local limits of Valanchery Police Station, Malappuram District except for the purpose of complying with condition No.2 above;

(4) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.522 of 2021 of Valanchery Police Station, Malappuram District;

(5) Petitioner shall surrender his passport before the Jurisdictional Magistrate. If he does not have a passport, an affidavit shall be executed to that effect and file the same before the said court within seven days of release on bail;

(6) 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.522 of 2021 of Valanchery Police Station, Malappuram District, may file an application before the Jurisdictional Court for cancellation of bail.