XXXXXXXXXX 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.531/2022 of Chavakkad Police Station, Thrissur alleging offences punishable under Section 376 of the Indian Penal Code, 1860 apart from Section 6 r/w Section 5(l)(m)(n) and Section 10 r/w Section 9(l)(m)(n) of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, the accused, who is the father of the victim is alleged to have committed aggravated penetrative sexual assault from the time she was in the 6th standard up till 01.06.2022 and thereby committed the offences alleged.

Sri.Rajit, the learned counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that the petitioner was arrested on 10.06.2022 and has been in custody since then. It was also pointed out that the petitioner is willing to abide by any condition that may be imposed.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature inasmuch as he is alleged to have committed penetrative sexual assault on his own daughter that too from the time she was in the 6th standard and therefore releasing him on bail would prejudice the prosecution case. It was further submitted that if the petitioner is released on bail, there is every chance that he may influence the witnesses including the victim.

I have perused the statement of the victim. Even though the allegations against the petitioner are serious in nature and the offences alleged are heinous, I am of the view that considering the period of detention already undergone, the further detention is not essential, provided sufficient conditions are incorporated to avoid influencing the witnesses.

Accordingly, I allow this bail application on the following conditions :-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not enter into the jurisdictional limits of Chavakkad Police and shall also not enter into the jurisdictional limits of the police station where the victim resides at any point of time, until conclusion of the trial.

(f) Petitioner shall also not contact the victim or her family members until conclusion of trial.

(g) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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, not with standing the bail having been granted by this Court.