Allowed

Anil Sankaran v. State of Kerala

Kerala HC28 Nov 2013Bail Appl./7826/2013

Case brief

AI extract

What is this about?

The court allowed bail to the petitioner, who was accused of sexual abuse of a child under the POCSO Act and IPC, citing concerns about the credibility of the anonymous complaint and procedural irregularities by the Child Welfare Committee, subject to standard conditions.

What did the court decide?

Release on bail via execution of a bond for Rs. 25,000 with two solvent sureties and reporting every Monday.

Anil Sankaran Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.BHAVADASAN

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THURSDAY, THE 28TH DAY OF NOVEMBER 2013/7TH AGRAHAYANA, 1935

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Bail Appl..No. 7826 of 2013 ()

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CRIME NO. 1274/2013 OF PANDALAM POLICE STATION , PATHANAMTHITTA DISTRICT

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PETITIONER/ACCUSED :

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ANIL SANKARAN, AGED 33 YEARS, S/O. SANKARAN, RESIDING AT PLAVARA PADINJATTETHIL, MANAKALA P.O.,ERATHU VILLAGE, ADOOR TALUK.

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BY ADV. SRI.P.A.ISMAIL

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RESPONDENTS/COMPLAINANT :

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1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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2. SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,

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HIGH COURT OF KERALA, ERNAKULAM.

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BY PUBLIC PROSECUTOR SMT. P.MAYA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 28-11-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.BHAVADASAN, J.

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Bail Application No.7826 OF 2013

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Dated this the 28^th day of November, 2013.

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O R D E R

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This is yet another case of abuse of the process of the court in order to seek vengeance for other reasons. It is a case where it is alleged that a girl aged 6 years studying in the 1^st standard is alleged to have been abused by her stepfather. The incident is alleged to have taken place on 06.09.2013. The parents of the victim had divorced and the mother had married the accused second time. At the relevant time, the victim was staying with her maternal grandparents. It is alleged that on the date of the incident, the stepfather along with the mother of the victim visited the house of the mother of the victim and while they were sleeping together i.e. the victim, her mother and stepfather, the stepfather is alleged to have committed the act which is complained of by the child.

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The statement of the victim shows that she had

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complained the matter to her parents but they told her not to

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B.A.No.7826/2013 2

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make it an issue. Surprisingly thereafter, the Child Welfare Committee, Pathanamthitta seems to have received an anonymous call regarding the sexual assault on the victim. The said Committee sent a troop of counsellors to school and got the statement of the victim. It is surprising to note that even referring to the parents, a crime is registered and the petitioner is put behind the bars.

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This Court had occasion to observe that such type of action is uncalled for and it also indicated that in such cases it will be proper for the Police Officer to conduct a preliminary enquiry before action is taken on the complaint. It is time that serious look is taken by the authorities concerned and remedial measures are provided for. It is sad to note that the life of the children are being played by these counsellors and the so called Welfare Committee as they wish and at least in two cases this Court had occasion to see that there is no basis for the complaint at all.

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The petitioner has been in custody from 29.10.2013 onwards. He is alleged to have committed the offences punishable under Section 3(b) read with Section 4 of Protection

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B.A.No.7826/2013

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of Children from Sexual Offences Act and Sections 375(b) read with Section 376(1) of Indian Penal Code.

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Learned Public Prosecutor opposed the petition and pointed out that the offences are of serious nature and the investigation is going on.

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It is seen that the grandparents with whom the child is currently residing has stated that they have no information about the incident and the child has not complained about such an incident to them. It is in this context, the action of the Welfare Committee will have to be viewed. The indiscriminate filing of complaints will be seriously deprecating and such type of action cannot be countenanced. Therefore, the application is allowed on

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the following conditions:

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i) The petitioner shall be released on bail on his executing a bond for Rs.25,000/- (Rupees twenty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the Court concerned.

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ii) The Court concerned shall ensure the identity of the sureties and also the veracity of the tax receipts produced by him.

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B.A.No.7826/2013

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iii) The petitioner shall report before the Investigating Officer on every Monday between 9 a.m and 10 a.m until further orders.

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iv) The petitioner shall not tamper or attempt to tamper with the evidence or influence or try to influence the witness.

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v) If any of the condition is violated, the bail granted shall stand cancelled and the Court concerned, on being satisfied of the said fact, may take such steps as are available to it in law.

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P.BHAVADASAN JUDGE

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smp

Anil Sankaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

Anil Sankaran v. State of Kerala

Case brief

What is this about?

What did the court decide?

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