Xxxxxx vs State Of Kerala
2023 Latest Caselaw 9732 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
                             1945
                 BAIL APPL. NO. 5390 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 1507/2023 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
                         VIOLENCE AG
PETITIONER/ACCUSED(IN CUSTODY)(ARRESTED ON 22.05.2023):

           XXXXXXXXXX
           XXXXXXXXXX XXXXXXXXXX

           BY ADVS.
                AYYAPPAN SANKAR
                S.HRIDYA
                ANAKHA BABU

RESPONDENTS/STATE & INVESTIGATING OFFICER:

    1      STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031.

    2      STATION HOUSE OFFICER
           VATTIYOORKAVU POLICE STATION,
           THIRUVANANTHAPURAM DISTRICT, PIN - 690 572.

           BY ADV
                SRI. NOUSHAD K A-SENIOR PUBLIC PROSECUTOR

        THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 B.A No.5390 of 2023
                                :2:



                           ORDER

Dated this the 13th day of September, 2023

The petitioner is the accused in Crime No.356/2023

of Vattiyoorkavu Police Station, Thiruvananthapuram District

alleging commission of offences under Section 354-A(1)(i), 354

C, 509 of the Indian Penal Code and under Sections 8 r/w 7,

10 r/w 9(m) and 9(n) and 12 r/w 11(i) of POCSO Act.

2. The allegation against the petitioner in Crime

No.356/2023 is that the petitioner used to stand naked inside

his bedroom leaving open the doors and un mindful of the

presence of his minor child and thereby he committed the

offences alleged against him.

3. The learned Counsel appearing for the petitioner

would submit that there are matrimonial disputes between the

petitioner and his wife. It is submitted that the petitioner is

working in the Merchant Navy and the entire amount of salary

that the petitioner used to get was being credited into a joint

account of the petitioner and his wife. It is submitted that the

wife of the petitioner used to spent unreasonably large B.A No.5390 of 2023

amounts of money by withdrawing amounts from the said

account. It is submitted that recently the petitioner purchased

an apartment jointly in the name of the petitioner and his wife

by availing a loan from a financial institution. It is submitted

that since the petitioner had to remit the EMIs on the loan, the

petitioner restricted the amounts being remitted to the joint

account and this enraged his wife leading to several

matrimonial disputes and also to the registration of false cases

against the petitioner. It is submitted that the petitioner is

absolutely innocent to the matter. References is made to

Annexure-3 proceedings before the Family Court,

Nedumangadu which is an application for maintenance filed in

the month of October, 2022 to show there are matrimonial

disputes between the petitioner and his wife. It is also

submitted that the petitioner had objected to his children

being made to act in ad films, etc. and this also enraged the

wife of the petitioner. It is submitted that the wife of the

petitioner is a trained Psychologist and she has manipulated

the minor children to give false statements against the

petitioner. It is submitted that the petitioner has been in B.A No.5390 of 2023

custody from 24.05.2023 and the further detention of the

petitioner is not necessary in the facts and circumstances of

the case.

4. The learned Senior Public Prosecutor and the

learned Counsel appearing for the defacto complainant would

vehemently oppose the grant of bail. It is submitted that

though the investigation has been completed and a Final

Report has been filed, considering the fact that the allegations

are serious and considering the fact that the petitioner is

likely to have access to his children, it may not be conducive

to release the petitioner on bail at this point of time.

5. The learned Counsel appearing for the defacto

complainant would submit that the contention of the learned

Counsel for the petitioner that the allegations have been

raised only on account of matrimonial disputes is completely

incorrect. It is submitted that the petitioner is trying to cover

up his misdeeds on the ground that there are matrimonial

disputes between the petitioner and the defacto complainant.

It is submitted that the petitioner is not entitled to bail at this

stage.

B.A No.5390 of 2023

6. Having heard the learned Counsel for the petitioner,

learned Senior Public Prosecutor and the learned Counsel

appearing for the defacto complainant, I am of the view that

the petitioner can be granted bail in Crime No.356/2023 of

Vattiyoorkavu Police Station. The allegation against the

petitioner is that he used to display nudity in front of his minor

child. The petitioner has been in custody from 24.05.2023.

Investigation has been completed and a Final Report has

already been filed. Taking into consideration the aforesaid

facts and the fact that there are matrimonial disputes between

the petitioner and the defacto complainant, I am of the view

that the petitioner can be granted bail.

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;

B.A No.5390 of 2023

(ii) The Petitioner shall report before the Investigating

officer in Crime No.356/2023 of Vattiyoorkavu Police

Station as and when summoned to do so;

(iii) The petitioner shall not attempt to influence or

intimidate the defacto complainant or any witness in

Crime No.356/2023 of Vattiyoorkavu Police Station;

(iv) The petitioner shall surrender his passport before the

jurisdictional Court.

(v) 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.356/2023 of Vattiyoorkavu

Police Station may file an application before the jurisdictional

Court for cancellation of bail.

Sd/-

GOPINATH P.

AMR JUDGE B.A No.5390 of 2023

APPENDIX OF BAIL APPL.No.5390/2023

PETITIONER'S ANNEXURES

Annexure 1 TRUE COPY OF THE SALE DEED NO.1423/2022 DATED 30.05.2022 IN THE NAMES OF PETITIONER AND HIS WIFE.

Annexure 2 TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD FROM 1.4.2022 TO 31.3.2023 ISSUED FROM FEDERAL BANK, KURAVANKONAM BRANCH, THIRUVVANANTHAPURAM DISTRICT WITH RESPECT TO THE ACCOUNT NO.21794100000622 IN THE NAME OF PETITIONER AND HIS WIFE

Annexure 3 TRUE COPY OF THE APPLICATION FOR MAINTENANCE IN M.C.NO.324/2022 DATED 7.10.2022 ON THE FILE OF FAMILY COURT, NEDUMANGADU.

Annexure 4 THE PHOTOGRAPHS OF THE CHILDREN OF PETITIONER WIDELY CIRCULATED THROUGH VARIOUS SOCIAL MEDIA PLATFORMS BY PETITIONER'S WIFE.

Annexure 5 TRUE COPY OF THE FIR IN CRIME NO.356/2023 DATED 4.5.2023 OF VATTIYOORKAVU POLICE STATION.

Annexure 6 FREE COPY OF THE ORDER DATED 17.06.2023 IN Crl.M.P.No.1507/2023 IN CRIME 356/2023 OF THE ADDITIONAL SESSION JUDGE FOR THE TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM.