Kerala High Court
Xxxxxx vs State Of Kerala on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
BAIL APPL. NO. 1334 OF 2024
CRIME NO.11/2024 OF MUTTOM POLICE STATION, IDUKKI, Idukki
AGAINST THE ORDER/JUDGMENT CMA 51/2024 OF SPECIAL COURT
UNDER POCSO ACT, IDUKKI
PETITIONER/ACCUSED:
XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV BIJU ABRAHAM
RESPONDENTS/DEFACTO COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
BA No.1334/2024
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SOPHY THOMAS, J
=========================
Bail.Appl.No.1334 of 2024
==========================
Dated this the 29th 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.11/2024 of Muttom
Police Station, Idukki, registered under Sections 376(1) of IPC
and Sections 4 r/w 3(b), 4 r/w 3(d) and 7 r/w 8 of POCSO Act.
2. The prosecution allegation is that, on 04.06.2023 at
11.30 PM, the petitioner sexually assaulted the victim girl aged
17 years at the house of her maternal aunt, where she was
residing, by inserting his finger into her vagina, biting on her
lips and pressing her breasts.
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,
the petitioner was helping the parents of Fr. Shinto, a priest, as
requested by him. The victim girl was the niece of Fr. Shinto.
..3..
She was having relationship with another boy and the petitioner
informed that matter to the priest. Thereafter the priest refused
financial assistance to the mother of the victim. On their belief
that the petitioner instigated Fr. Shinto, not to give money to
her mother, a false complaint was foisted against him.
6. Learned Public Prosecutor would submit that,
investigation has progressed substantially. The petitioner is in
judicial custody from 05.01.2024 and his continued detention is
not necessary for the purpose of investigation. Moreover, the
victim girl has gone back to Muscat and there is no chance for
him to influence, or intimidate her.
In such circumstances, 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 on alternate Saturdays between 10 AM and
11 AM, starting from 09.03.2024, for a period of three months,
..4..
or till the final report is filed, whichever is earlier.
iii. The petitioner shall not try to contact the victim, and
shall not cause any kind of harassment to her, either directly or
indirectly.
iv. The petitioner shall not influence or intimidate the
witnesses, or tamper with the evidence.
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
ACR
