Kerala High Court
Yyy vs State Of Kerala on 26 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
BAIL APPL. NO. 893 OF 2024
CRIME NO.1684/2023 OF Kattakada Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT CRMP 121/2024 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AGAINST WOMEN
& CHILDREN),THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
YYY
XYX
BY ADV M.R.SARIN
RESPONDENTS/STATE:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
PIN - 682031
2 XXX
YYY
BY ADV.
PP SRI.PRASANTH M.P
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO.893 OF 2024 2
ORDER
This is an application for regular bail under Section 439 of
the Code of Criminal Procedure, 1973 filed by the sole accused
in Crime No.1684/2023 of Kattakada Police Station,
Thiruvananthapuram registered under Sections 376(2)(f), 376(3)
and 506 of IPC and Sections 4(2), 3(a), 6, 5n, 8, 7, 10 and 9n of
the Protection of Children from Sexual Offences Act, 2012
(POCSO Act).
2. The prosecution allegation is that, the petitioner who is
the father of the victim girl aged 13 years, while she was
studying in 8th standard, in the month of June 2023, when she
reached the house of her grandmother, took her to the bed
room and sexually assaulted her.
3. Since the offences alleged includes an offence under
Section 376(3) of IPC, notice was ordered to the guardian of the
victim through SHO Kattakada Police Station. Though notice was
served, none appeared.
4. Heard learned counsel for the petitioner and learned
Public Prosecutor.
5. Learned Public Prosecutor opposed the bail application.
6. Learned counsel for the petitioner would submit that, it is
an offshoot of the matrimonial disputes pending between the
petitioner and his wife. He is having two daughters. Two crimes
are registered against him, at the instigation of his wife, using
his minor daughters. He is in judicial custody from 30/10/2023
onwards, and he is ready to abide by any conditions, imposed by
this Court.
7. Learned Public Prosecutor on instructions submitted
that, investigation is over, and final report has been filed.
8. In such circumstances, his continued detention is not
necessary. But of course the safety and security of the minor
children and their mother has to be ensured. So this court is
inclined to allow this application on the following conditions:-
(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). The petitioner shall not enter the limits of Kattakkada Police
Station, Thiruvananthapuram till the trial is over, except for the
purpose of appearing before police station/jurisdictional court, as the
case may be.
(iii). The petitioner shall not try to contact the victim or her
family members and shall not cause any kind of harassment to them,
directly or indirectly.
(iv). The petitioner shall not influence or intimidate the
witnesses or tamper with the investigation.
(v). 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.
(vi). The petitioner shall not leave the limits of State of Kerala
without getting prior sanction from the trial court.
(vii). The petitioner shall not commit any offence while on bail.
(viii). 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
ska
APPENDIX OF BAIL APPL. 893/2024
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE ORDER IN CRL.M.P
121/2024 OF ADDITIONAL SESSIONS JUDGE FOR THE
TRIAL OF CASES RELATING TO ATROCITIES AND
SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM
Annexure A2 THE TRUE COPY OF GENERAL OP TICKET ISSUED
BY.DR.ANUMONMON DMHP FAMILY HEALTH CENTRE
KATAKADA THIRUVANTHAPURAM BY DATED 13.4.2023
