Xxx vs State Of Kerala
2023 Latest Caselaw 9733 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. 5391 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 1506/2023 OF ADDITIONAL
  DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
                         VIOLENCE AG
PETITIONER/ACCUSED(IN CUSTODY)(ARRESTED ON 22.05.2023):

           XXX
           xxx
           XXX XXX

           BY ADVS.
                AYYAPPAN SANKAR
                ANAKHA BABU
                S.HRIDYA

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
                SMT.SREEJA V.-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.5391 of 2023
                              :2:



                             ORDER

Dated this the 13th day of September, 2023

The petitioner is the accused in Crime No.355/2023

of Vattiyoorkavu Police Station, Thiruvananthapuram District,

alleging commission of offences under Sections 354-A(1)(ii),

376-AB, 376(2)(f) of the Indian Penal Code and under Sections

4 r/w 3(b), 6 r/w 5(m) and 5(n), 8 r/w 7 and 12 r/w 11(i) of

POCSO Act.

2. The allegation against the petitioner in Crime

No.355/2023 is that the petitioner touched the private parts of

his younger child and also inserted his finger and also made

the child touch his private parts with intentionally and with

sexual intend and thereby he committed 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 the wife B.A No.5391 of 2023

of the petitioner used to spent unreasonably large 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 amount 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 custody from 24.05.2023 and the further detention of B.A No.5391 of 2023

the petitioner is not necessary in the facts and circumstances

of the case.

4. The learned 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.

6. Having heard the learned Counsel for the petitioner,

learned Public Prosecutor and the learned Counsel appearing B.A No.5391 of 2023

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

petitioner can be granted bail in Crime No.355/2023 of

Vattiyoorkavu Police Station. The allegation against the

petitioner is as notice above. 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;

(ii) The Petitioner shall report before the Investigating officer

in Crime No.355/2023 of Vattiyoorkavu Police Station as

and when summoned to do so;

(iii) The petitioner shall not attempt to influence or intimidate B.A No.5391 of 2023

the defacto complainant or any witness in Crime

No.355/2023 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.355/2023 of Vattiyoorkavu

Police Station may file an application before the jurisdictional

Court for cancellation of bail.

Sd/-

GOPINATH P.

AMR JUDGE B.A No.5391 of 2023

APPENDIX OF BAIL APPL.No.5391/2023

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.21734100000622 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.355/2023 DATED 4.5.2023 OF VATTIYOORKAVU POLICE STATION.

Annexure 6 ADDITIONAL SESSIONS JUDGE FOR THE TRIAL OF CASES RELATING TO CONFIDENTIAL ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM.