Xxxxx vs State Of Kerala
2021 Latest Caselaw 14114 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MRS. JUSTICE SHIRCY V.
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                      BAIL APPL. NO. 4898 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMP 950/2021 OF SPECIAL COURT UNDER
            POCSO ACT, PATHANAMTHITTA, PATHANAMTHITTA


PETITIONER/ACCUSED :-

          XXXXXXXX
          XXXXXX


          BY ADVS.
          K.MOHANAKANNAN
          T.V.NEEMA


RESPONDENT/STATE :-

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HONBLE HIGH COURT OF KERALA,
          ERNAKULAM - 682 012.

    *2    ADDL R2 IS IMPLEADED :-

          RAMESH K.T
          AGED 37 YEARS
          S/O THANKAPPAN
          KUZHIKKALAYIL HOUSE
          CHITTAR P.O, PATHANAMTHITTA
          PIN - 689 663

          *ADDL.R2 IS IMPLEADED AS PER ORDER DATED 07.07.2021 IN
          CRL.M.A.NO.1 OF 2021

          BY ADV M.MUHAMMED SHAFI
          AJITH MURALI -P.P

          THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
          07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
          FOLLOWING :-
 BAIL APPL. NO. 4898 OF 2021
                                       2

                                    ORDER

Application for regular bail.

2. The petitioner is the accused in Crime

No.398 of 2019 of Chittar Police Station,

Pathanamthitta District registered for the offence

punishable under Section 376(2)(i) of the Indian

Penal Code and Sections 4, 3, 10, 9m and 9n of the

Protection of Children from Sexual Offences Act,

2012.

3. The prosecution allegation is that the

petitioner who is the grandfather of a minor child

aged 4 years, sexually abused her during the year

2019 repeatedly and thereby committed the aforesaid

offences.

4. The petitioners have been in custody since

24.05.2021.

5. According to the learned counsel for the

petitioner the parents of the minor child are working

abroad. So he along with his wife are looking after

the minor child aged only 4 years studying in UKG. BAIL APPL. NO. 4898 OF 2021

The elder daughter of his son that is the parents of

the victim was also residing with him at his

residence as they were working abroad. One day she

was beaten by a teacher of the school and when the

child complained to this petitioner he questioned the

teacher about the illegal act committed by her.

Infuriated by the same, at her instance a false

complaint has been filed against this petitioner and

thus he has been booked for the heinous offence that

he has molested his grand child aged 4 years. Hence,

this application.

6. The learned Public Prosecutor has opposed

this application contending that medical evidence are

against this petitioner and granting of bail will

definitely affect the case, adversely which is still

under investigation.

7. The father of the minor child was suo motu

impleaded as the second respondent. The learned

counsel for the second respondent has submitted that

now he along with his wife are residing at his native

place along with the minor child. When he heard the BAIL APPL. NO. 4898 OF 2021

unbelievable story that his father had molested his

minor child, he gathered the correct facts and

ascertained the truth from the minor child who was

with him, along with his wife. Then the child

disclosed that there was no incident as alleged by

the prosecution against this petitioner.

8. Of course, the investigation of the case is

only in progress but the petitioner is an aged man of

72 years and he has been in custody since 24.05.2021.

Considering the pandemic situation of our

country coupled with the age factor of the

petitioner, further detention of him in jail appears

to be not feasible. The investigation of the case has

also progressed considerably and the now child is

safe with her parents and she is residing along with

them. Therefore, I think that the request made by

the learned counsel for the petitioner to release him

on bail can be considered favourably. Hence, this

application for bail is allowed subject to the

following conditions :-

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- BAIL APPL. NO. 4898 OF 2021

(Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) He shall also appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

(v) The second respondent shall ensure the safety of the minor child and the child shall not be permitted to reside in the family house where the petitioner is intending to reside with his family.

                 In        case      of     violation          of    any     of      the

      above conditions, the learned Magistrate                                        is

empowered to cancel the bail in accordance with

the law.

Sd/-

SHIRCY V.

JUDGE SMA