Kerala High Court
Sajeev vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA,
1945
BAIL APPL. NO. 1282 OF 2024
CRIME NO.1997/2023 OF Sasthamcotta Police Station, Kollam
AGAINST THE ORDER/JUDGMENT Bail Appl. 128/2024 OF HIGH
COURT OF KERALA
PETITIONER/ACCUSED:
SAJEEV,
AGED 42 YEARS
S/O.KHASIM RAWTHER, PADINJAREN PURAYIL, PAYATTU
KACHIYIL, PORUVAZHY P.O, SASTHAMOTTA, KOLLAM,
PIN - 690520
BY ADVS.
V.I.RAHUL
SHIFA LATHEEF
SREEJESH R.
ANAS B.
JISHA J.S.
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682031
2 INSPECTOR STATION HOUSE OFFICER,
SASTHAMKOTTA POLICE STATION, KOLLAM, PIN -
690521
PP-SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1282/2024
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SOPHY THOMAS, J
=========================
Bail.Appl.No.1282 of 2024
==========================
Dated this the 23rd day of February, 2024
ORDER
This is an application for regular bail under Section 439 of
CrPC filed by the sole accused in Crime No.1997/2023 of
Sasthamcotta Police Station, Kollam, registered under Sections
323, 324 and 506(1) of IPC; Sections 7 r/w 8, 9(l), 9(m), 9(n),
9(p), 10 and 11(ii) r/w 12 of POCSO Act and Section 75 of JJ Act.
2. The prosecution allegation is that, the petitioner,
who is the father of the victim boy aged 11 years, sexually
assaulted him.
3. Heard learned counsel for the petitioner and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioner would submit
that, this is an offshoot of the matrimonial disputes pending
between the petitioner and his wife. Three crimes were
registered against the petitioner on complaints of similar
nature made by his three children. He is in judicial custody
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from 29.12.2023 and he is ready to abide by any conditions
imposed by this Court.
6. Learned Public Prosecutor on instructions submitted
that, investigation is over and final report has been filed.
Admittedly, matrimonial disputes are pending between the
petitioner and his wife and Crime no.1939/2023 of
Sasthamkotta Police Station was registered against the
petitioner on the complaint made by his wife. So it
probabilises the case of the petitioner that, under the
instigation of the wife, complaints were made against the
petitioner by his children alleging POCSO offences.
Since investigation is over and final report has been filed,
and the petitioner is in judicial custody from 29.12.2023
onwards, this Court is inclined to allow this bail application on
the following terms:
i. 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 to the satisfaction of the
Trial Court.
ii. Thereafter, the petitioner shall appear before the
Investigating Officer, as and when directed.
iii. The petitioner shall not enter the limits of
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Sooranadu Police Station, within the limits of which, the victim
is residing with his mother and siblings.
iv. The petitioner shall not try to contact the victim and
shall not cause any kind of harassment to him, either directly
or indirectly.
v. The petitioner shall not influence or intimidate the
witnesses, or tamper with the evidence.
vi. The petitioner has to surrender his passport before
the trial court at the time of executing bond and if he is not
having a passport, he has to file an affidavit to that effect
before the trial court.
vii. The petitioner shall not leave the limits of State of
Kerala without getting prior sanction from the trial court.
viii. The petitioner shall not commit any offence while
on bail.
ix. In case of violation of any of these conditions, the
trial court is empowered to cancel his bail, in accordance with
law.
Sd/-
SOPHY THOMAS
JUDGE
ACR
