XXXXXXXXXX vs State Of Kerala

Gopinath P, J

The petitioner is the sole accused in Crime No.1444/2022 of Attingal Police Station, which is now pending as S.C.No.65/2023 of Additional Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women and Children) alleging the commission of offences punishable under Sections 376(3), 376(2), (f), (k), 354B of Indian Penal Code, Sections 3(a), 3(d), r/w. Section 4(2), 5(n)(p) r/w. Section 6, 9(1)(n)(p) r/w. Section 10, 11(iv) r/w. Section 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 67 of the Information Technology Act, 2000.

The petitioner is stated to be the step father of the minor victim, aged 13. The allegation against the petitioner is that the petitioner sexually abused and committed rape on the minor victim. It is alleged that, on 3.10.2022, while the minor victim was sleeping, the petitioner trespassed into her room, removed her clothes and sexually abused her and kissed her on her private parts. The petitioner allegedly requested for sexual favours from the minor victim on the next day as well. The victim informed the matter to her teacher at school and the crime came to be registered on the basis of such information. It is also alleged that whenever the victim was alone in the house, the petitioner used to sexually abuse the minor victim. This bail application was filed stating that all issues between the petitioner and the 2nd respondent (mother of the minor victim) have been 'settled' and that the 2nd respondent and the victim do not have any further grievances against the petitioner. Annexure-A1 affidavit stated to have been executed by the 2nd respondent stating that all issues have been 'settled'.

In the light of the averments contained in the bail application, I had requested Adv. Parvathi Menon who represents the Victim Rights Centre attached to this Court to arrange for an interaction with the victim. A report has been placed by Adv. Parvathi Menon on the basis of the interaction with the minor victim by Adv. J. Sandhya, Member, Victim Rights Centre. A separate report prepared by Adv. J. Sandhya is also filed along with the report of Adv. Parvathi Menon. A reading of these report suggest not only that there is no settlement as alleged but also shows that the petitioner cannot be granted bail in this case. The victim is being pressurised to give statements in favour of the petitioner. The circumstances in which the mother of the petitioner is placed are also set out in the report.

Heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the report placed by Adv. Parvathi Menon, Project Co-ordinator of the Victim Rights Centre as also the report placed by Adv. J. Sandhya, Member of the Victim Rights Centre, I am of the opinion that the petitioner cannot be granted bail. It appears that the affidavit stated to have been executed by the 2nd respondent was itself obtained under threat. Therefore, this is a fit case where the custodial trial must be resorted to. The petitioner cannot be granted bail. Therefore, this bail application is dismissed. The registry shall communicate a copy of this order to the jurisdictional Court along with copies of the report filed by Adv. Parvathi Menon and the report of Adv. J. Sandhya referred to above. The reports filed by Adv. Parvathi Menon and Adv. J.Sandhya shall be treated as part of the confidential records in this case. This Court records its appreciation for the assistance rendered to this Court by Adv. Parvathi Menon and Adv.J. Sandhya.