XXXX XXXX vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.1958 of 2021 of the Poonthura Police Station alleging offences punishable under sections 376 and 323 of the Indian Penal Code, 1860 and sections 4 and 3 of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that accused being the stepfather of the victim committed penetrative sexual assault on the victim during the period when she was 8-10 years old and later in the year 2018 also, petitioner had attempted to outrage her modesty.

Sri.Ayyappan Sankar, learned counsel for the petitioner submitted that petitioner was arrested on 13.05.2022 and that the entire allegations against the petitioner are falsely alleged due to a matrimonial dispute between the victim's mother and her stepfather. It was further stated that the petitioner has been in custody for the last 30 days and that there are no criminal antecedents against the petitioner.

Sri.Noushad K.A., learned Public Prosecutor on the other hand submitted that the petitioner is alleged to have committed serious offences and that there is every possibility of the petitioner intimidating the witnesses, and the victim especially since the victim is his stepdaughter.

After perusing the section 164 statement given by the victim and after appreciating the arguments raised by the learned counsel for the petitioner as well as the learned Public prosecutor, I am of the view that the main offences are alleged to have been committed almost 11 years ago. Therefore, I find that the continued detention of the petitioner is not required especially since the investigation has reached its final stages, though still continuing. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) Petitioner shall be released on bail on his executing a  bond  for  Rs.50,000/-  (Rupees  fifty  thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(ii) Petitioner shall appear before the Investigating Officer on every fourth Monday between 9 am and 12 pm;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her mother until completion of the trial;

(iv) Petitioner shall not enter the jurisdictional limits of Kottayam District as well as jurisdictional limits of Maranelloor Police Station.

(v) Petitioner shall not commit any offence while he is on bail.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.