XXXXX vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.528/2021 of Airoor Police Station, Thiruvananthapuram District alleging commission of offences under under Sections 376, 376A, B, 376 (2)(n), 354A (1) (i), 506 (1) of the Indian Penal Code and Section 4(2) read with 3 (b), 6 read with 5 (l)(m)(n)(p), 8 read with 7 & 10 read with 9 (l)(m)(n) of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that the petitioner committed penetrative sexual assault on the minor victim aged 8 years and thereby committed offences under the aforesaid provisions of law. It is also alleged that the minor victim is the daughter of the petitioner born out of his relationship outside his marriage with the mother of the victim.

The learned counsel for the petitioner submitted that the petitioner is an affluent businessman having business establishments abroad and has been residing in Dubai in connection with business for the large number of years. It is submitted that the petitioner had come into contact with the mother of the victim girl when he had employed her as a house maid in Dubai and also in India. It is submitted that the mother of the victim girl had made the petitioner believe that the minor victim girl is the daughter born to her out of the relationship with him and on this pretext the petitioner had given huge amounts of money periodically to the mother of the victim girl and also to her grandmother. It is submitted that the petitioner had purchased substantial plot of land in the name of the mother of victim girl. It is submitted that a house had been constructed on the plot in question and the victim girl, her mother and the grand mother are residing in that house. It is submitted that the complaint was filed with a malafide intentions only on account of the fact that the petitioner refuses the demand of the mother of the victim girl to purchase an Innova Car for her use. It is submitted that the petitioner has been in custody from 30-09-2021 and has completed 72 days in custody. It is is submitted that further custodial interrogation of the petitioner is not necessary for the purpose of investigation into the case.

The learned Public Prosecutor on instructions would submit that the allegations against the petitioner are quite serious. It is submitted that the medical examination report of the victim girl shows that she has suffered bite mark on her lips, though the medical examination did not by itself reveal penetrative sexual assault. It is submitted that the investigation conducted thus far shows that the petitioner and the mother of the victim girl were in relationship and some amounts of money and property had been given to the mother of the victim girl. However, the learned Public Prosecutor submits that the said fact by itself does not take away the seriousness of the charge against the petitioner.

The learned counsel for the petitioner had also referred to various bank statements to show that large amount of money had been transferred to the family of victim girl on one pretext of other. It is submitted that the petitioner is a 60 year old man and suffering from various ailments and his continued detention may not be justified in the facts and circumstances of the case.

Having regard to the totality of the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 30-09-2021 and also considering the fact that the continued detention of the petitioner may not be necessary for a proper investigation into the matter, I am of the opinion that the petitioner can be granted bail subject to strict conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The 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) The Petitioner shall appear before the Investigating officer in Crime No.528/2021 of Airoor Police Station on every Saturday at 11 am until 18-12-2021. Thereafter he shall appear as and when called upon to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.528/2021 of Airoor Police

(iv) The petitioner shall not enter the local limits of the Airoor police station where the victim is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner is required to go abroad in connection with his business he shall make an appropriate application before the jurisdictional court and the jurisdictional court may consider the request of the petitioner for travelling abroad on its merits. Needless to say if the jurisdictional court permits the petitioner to go abroad his Passport may also be released for such period as permission is granted for travelling abroad;

(vi) 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.528/2021 of Airoor Police Station may file an application before the jurisdictional Court for cancellation of bail.