XXXXXXXXXX vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.482 of 2023 of Thondernadu Police Station, Wayanad, registered under Section 376AB, 376(2)(f) and (n), and 506 of IPC and Section 5(l)(m) and (n) r/w 6 of the Protection of Children from Sexual Offences Act.

The prosecution allegation is that the petitioner, who is the father of the victim girl, aged 7 years, sexually assaulted and committed rape on her, on several occasions while she was living with him, when her mother was working in Oman.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that the petitioner is absolutely innocent of this crime. He is arrested and remanded to judicial custody on 02.09.2023. He is ready to abide by any conditions imposed by this Court.

Learned Public Prosecutor, on instructions, submitted that investigation is over and final report has been filed, and now it is pending before Fast Track Special Court, (POCSO), Kalpetta, as S.C.No.474 of 2023. So his continued custody is not necessary for the purpose of investigation.

Hence, ensuring the safety and security of the child, this Court is inclined to allow this petition on the following terms:

(i). The petitioner shall be released bail on cash deposit of Rs.25,000/- (Rupees Twenty Five Thousand only), and on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii). The petitioner shall not enter the limits of Thondernadu Police Station till the trial in SC No.474 of 2023 is over, except for the purpose of appearing before the Police Station or before the court as the case may be.

(iii). The petitioner shall not try to contact the victim, and shall not influence or intimidate  her, either directly or indirectly.

(iv). The petitioner shall not influence or intimidate the witnesses or tamper with the evidence.

(v). The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

(vi). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(vii). The petitioner shall not commit any offence while on bail.

(viii). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.