Kerala High Court
Bail Appl./10514/2022 of XXX Vs STATE OF KERALA on 30 December 2022
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 BAIL APPL. NO. 10514 OF 2022 CRIME NO.436/2022 OF Petta Police Station, Thiruvananthapuram PETITIONER/ACCUSED: XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS. T.MADHU
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944BAIL APPL. NO. 10514 OF 2022
CRIME NO.436/2022 OF Petta Police Station, Thiruvananthapuram PETITIONER/ACCUSED:
XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXBY ADVS.T.MADHUC.R.SARADAMANISHAHID AZEEZRENJISH S. MENON
RESPONDENTS/STATE:
1STATE OF KERALAREPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 6820312THE STATION HOUSE OFFICERPETTAH POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695024BY SRI. P.G. MANU (SR.PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSIONON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING:
B.A.No. 10514 of 2022 2
P.G. AJITHKUMAR, J. ------------------------------- B.A.No. 10514 of 2022
-------------------------------------------------------- Dated this the 30[th] day of December, 2022
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O R D E R
This is an application for anticipatory bail filed underSection 438 of the Code of Criminal Procedure, 1973.
2. The petitioner is the accused in Crime No. 436/2022 ofPettah Police Station Thiruvananthapuram for having allegedlycommitted the offences punishable under Sections 354 and354A(1)(i) of the Indian Penal Code, 1860 and under Sections 7read with 8 of the Protection of Children from Sexual OffencesAct, 2012.
3. The prosecution allegation is that, the accused sexuallyintimidated his 10 year old daughter. There is an allegation thatshe was molested while she was aged 8 years.
4. The petitioner would contend that he did not involve inthe alleged crime and without any material or evidence, he wasimplicated in the crime.
5. The learned Public Prosecutor would submit thatfollowing matrimonial dispute between the petitioner and his wifethe present crime was also happened to be registered on the basisof intimation passed on to the Station House Officer and afterrecording of the statement of the defacto complainant. The learned Public Prosecutor further submits that the investigation isin its initial stages only and grant of anticipatory bail mayadversely affect the investigation.
6. Having heard the learned counsel on both sides andconsidering the nature of the offence, I am of the view that thedetention of the petitioner during the period of investigation isnot necessary in this case. From the materials on record it isobvious that this crime arose following the matrimonial disputebetween the petitioner and his wife. Whether or not such anincident occured, if occured, amounts to an offence are mattersfor investigation, I am of the view that pre-trial detention of thepetitioner in this crime is unnecessary.
In the result, the bail application is allowed and theapplicant is directed to surrender before the investigating officerwithin two weeks. After interrogation and in the event of hisbeing arrested, he shall be released on bail on the execution of abond for Rs.50,000/- (Rupees fifty thousand only), with twosolvent sureties for the like amount each, to the satisfaction of theinvestigating officer, and on the following conditions:
(i) He shall not influence or intimidatewitnesses or tamper with evidence;witnesses or tamper with evidence;
(ii) He shall appear before the investigatingofficer as and when called for; andofficer as and when called for; and
(iii) During the bail period, he shall not getinvolved in any offence.
In case of breach of the bail conditions, the prosecution shallbe at liberty to apply for cancellation of the bail before thejurisdictional court.
Sd/-P.G. AJITHKUMAR, JUDGE
sbk/-