Xxxxx vs State Of Kerala
2022 Latest Caselaw 5723 Ker

              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

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

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;

(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.