XXXXXXXXXX vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused in Crime No.682 /2022 of Varandarappally Police Station. The offences alleged are punishable under Sections 354A(1)(i)(iii) and 324 of IPC and Sections 8 r/w 7, 10 r/w 9(l)(m)(n) and 12 r/w 11(i)(ii) of POCSO Act.

The prosecution case, in short, is that, the applicant, who is none other than the father of the victim, committed repeated aggravated sexual assault on the victim from June, 2020 to October, 2022 and thereby committed the above said offences.

I have heard Sri.Anand Kalyanakrishnan, the learned counsel for the applicant and Sri.C.S.Hrithwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

The applicant was remanded to judicial custody on 09.12.2022. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. The applicant is none other than the father of the victim who is bound to protect the victim. A reading of the FIS would show that the applicant after consuming alcohol, repeatedly committed rape on the victim as well as her brother. Another crime was registered against the applicant under the POCSO Act on the allegation that he sexually assaulted the brother of the victim. The allegations are very serious in nature.

Considering the nature of the crime, how the petitioner is alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed.