Kerala High Court
Xxxx vs State Of Kerala on 1 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
ST
THURSDAY, THE 1
DAY OF FEBRUARY 2024 / 12TH MAGHA,
1945
BAIL APPL. NO. 7099 OF 2023
CRIME NO.0848/2023 OF Manjeri Police Station, Malappuram
AGAINST THE ORDER/JUDGMENT CMP 1397/2023 OF ADDITIONAL DISTRICT
COURT (ADHOC), MANJERI
PETITIONER:
XXXX XXXXXX
Y
B ADVS.
DEEPU
THANKAN
UMMUL
FIDA
LAKSHMI
SREEDHAR
LEKSHMI P. NAIR NAMITHA K.M.
RESPONDENTS:
1
TATE
S OF
KERALA,
REPRESENTED
BY
PUBLIC
PROSECUTOR,
HIGH
COURT OF KERALA, PIN - 682031
2
XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX
3
YYYYY
Y YYYYY
IS
IMPLEADED
ASADDL.
R3
AS
PER
ORDER
DATED
21/09/2023 IN CRL. MA. 3/2023.
Y
B ADVS.
ARYA
RAGHUNATH
BABU
KARUKAPADATH
M.A.VAHEEDA
P.U.VINOD
KUMAR VAISAKHI V. T.M.MUHAMMED MUSTHAQ
P.LAKSHMI AYSHA E.M. SHIFANA KAISE
SR.PP-SRI.RENJIT GEORGE
HIS
T BAIL
APPLICATION
HAVING
COME
UP
FOR
ADMISSION
ON
01.02.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.7099 OF 2023
2
ORDER
Dated this the 1st day of February, 2024
This is an application for anticipatory bail under
Section 438 of Cr.P.C. filed by the sole accused in crime
No.848 of 2023 of Manjeri Police Station, Malappuram,
registered under Section354A(1)(i)ofIPC,andSections
7 and 8 of POCSO Act.
2. Theprosecutionallegationisthat,duringMarch2023
schoolvacation,whilethevictimgirlwassleepingonher
bed, the petitioner, who is in a live-in relationship with
the mother of the child, sexually assaulted her.
3. Heard learned counsel for the petitioner, learned
counsel for additional 3rd respondent/defacto
complainant and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
B.A.NO.7099 OF 2023
3
5. Learned counsel for thepetitionerwouldsubmitthat
there were matrimonial disputes between the mother of
the victim and additional 3rd respondent, who is her
husband. Soonlyundertheinstigationofadditional3rd
respondent, a false complaint was lodged against the
petitioner, as he is in a live-in relationship with the
mother of the victim girl.
6. On going through the records available, it could be
seen that earlier, crime No.448 of 2021 was registered
against the petitioner herein on similarallegationsmade
against him by the same victim girl. On investigation,
that case was referred as a false case. So learned
counsel for the petitioner would submit that only under
instigation of the defacto complainant, the victim girl is
making false complaints against him, one after another.
7. An interim order, not to arrest the petitioner, was
passed by this Court as early as on 16.08.2023, and it
wasextendedtillthisdate. Consideringthenatureofthe
allegations, and also considering the fact that thevictim
girlisnowsafelyresidingwithherfatheratMalappuram,
B.A.NO.7099 OF 2023
4
and studying in Kendriya Vidyalaya, Malappuram, this
Court is inclined to allow this bail application on the
following terms:
(i) The petitioner is directed to surrender before the
InvestigatingOfficeronorbefore13.02.2024andsubject
himself for interrogation.
(ii) In the event of arrest, the petitioner shall be
released on bail on executing bond for
Rs.50,000/-(Rupees Fifty Thousand only) with two
solvent sureties each for the like sum tothesatisfaction
of the arresting officer;
(iii) Thereafter, the petitioner shall appear before the
Investigating Officer as and when directed.
(iv) Thepetitionershallnotcontactthevictimgirlorher
father, and shall not cause any kind of harassment to
them, either directly or indirectly.
(v) The petitioner shall not enter the limits of Manjeri
Police Station, Malappuram, for aperiodofthreemonths
or till the final report is filed,whicheverisearlier,except
B.A.NO.7099 OF 2023
5
for the purpose of appearing before the police stationas
directed.
(vi)The petitioner shall not influence or intimidate the
witnesses and shall not tamper with the investigation.
(vii)The petitioner shall not commit any offence whileon
bail.
(viii) In case of violation of any of the aforesaid
conditions, the jurisdictional Court is empowered to
cancel his bail.
d/-
S
SOPHY THOMAS
JUDGE
SSK/01/02
