IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
BAIL APPL. NO. 3771 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 472/2022 OF DISTRICT COURT &
SESSIONS COURT,THALASSERY
CRIME NO.386/2022 OF THALIPARAMBA POLICE STATION, KANNUR DISTRICT
PETITIONER/APPLICANT/ACCUSED NO.2:
XXXXX
XXXXXXX
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
K.P.MUHAMMED BASHEER
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
SRI. M.C. ASHI (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.No.3771/2022 2
ORDER
This is an application for regular bail
2. The Petitioner is the 2nd accused in Crime No.386/2022 of Thaliparamba Police Station, Kannur District alleging commission of offences punishable under Sections 376 (2)(f), (k), (n) and 376(3) of the Indian Penal Code and Sections 6, 5(l),(n),(p), 12 r/w 11(ii) of Protection of Children from Sexual Offences (POCSO) Act.
3. The gist of the prosecution case is that the minor daughter of the petitioner who was sexually abused and penetrative sexual assault was committed on her by the younger brother of the petitioner. It is alleged that the victim had recorded the instances of the abuse by the petitioner's younger brother in a diary. It is alleged that the petitioner had purposefully removed certain pages of the diary which would indicate that the petitioner was trying to help his brother and he was trying to hide commission of offence from the authorities.
4. The learned counsel appearing for the petitioner submits that the petitioner is absolutely innocent in the B.A.No.3771/2022 3 matter. It is submitted that the petitioner was not at all aware of the fact that his brother was sexually abusing his minor daughter. It is submitted that even the allegation that the petitioner had removed certain pages of the diary kept by the minor victim to help his brother is absolutely incorrect. It is submitted that all the pages of the diary in question have been recovered by the prosecution and the petitioner has been arrayed as an accused only on the premise that the petitioner had hidden certain pages in a manner that would ensure that the prosecuting agency would not get access to the same. It is submitted that the petitioner has been in custody for 62 days and his continued detention is not necessary in the facts and circumstances of the case.
5. The learned Public Prosecutor opposes the grant of bail. The circumstances of the case appearing against the petitioner are pointed out. It is submitted that though the victim has no complaint against her father, the prosecuting agency has arrayed the petitioner as an accused after getting clear evidence of the fact that the petitioner had tried to hide the evidence from the prosecuting agency. It is B.A.No.3771/2022 4 submitted that the petitioner is not entitled to be released on bail at present.
6. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and taking into account the nature of the allegations against the petitioner and also on account of the fact that the victim has no complaint whatsoever against the petitioner, I am of the view that the petitioner can be granted bail subject to conditions.
7. 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 a 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 report before the Investigating officer in Crime No.386/2022 of Thaliparamba Police Station, Kannur District as and when summoned to do so;
B.A.No.3771/2022 5
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.386/2022 of Thaliparamba Police Station, Kannur District;
(iv) 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.386/2022 of Thaliparamba Police Station, Kannur District may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE ats.