Xxx Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

Xxx Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2023)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE GOPINATH P.

WEDNESDAY, THE 4^TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945

BAIL APPL. NO. 4111 OF 2023

PETITIONER/S:

XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX

BY ADVS. D.KISHORE MEERA GOPINATH R.MURALEEKRISHNAN (MALAKKARA)

RESPONDENT/S:

1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 SUB INSPECTOR OF POLICE, ARANMULA POLICE STATION, ARANMULA, PATHANAMTHITTA, PIN - 689533

OTHER PRESENT:

SRI. VIPIN NARAYAN (SR PP)

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A. No.4111/2023

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O R D E R

The petitioner is the accused in Crime No.320/2023 of Aranmula Police Station, Pathanamthitta District alleging commission of offences punishable under Section 354 A (1) (i) and 354-C of the Indian Penal Code.

The allegation against the petitioner is that the petitioner peeped into the bath room where the victim (daughter of the petitioner) was bathing and attempted to record the incident on his mobile phone. Thereafter it is alleged that the petitioner entered the bedroom of the victim and touched her inappropriately on her private parts and repeatedly attempted sexual assault on various dates.

The learned counsel appearing for the petitioner submits that the allegations are totally false. It is submitted that the petitioner had objected the relationship of the victim with a person named one Abhi, who hailed from Malappuram. It is submitted that when the victim tried to elope with the aforesaid Abhi, the petitioner had lodged a complaint before the police and Crime No.233/2023 was registered at the Aranmula Police Station. It is submitted that the allegations raised against the petitioner are totally false and only on account of the fact that the petitioner had objected the relationship of the victim with the aforesaid Abhi. Taking into consideration of the nature of the submissions, on 11-09-2023 I passed the following order;

“The learned counsel for the petitioner submits that the alleged minor victim (aged 16) is the daughter of the petitioner and she had given an earlier statement against the petitioner only on account of the fact that the petitioner had objected to her relationship with a boy. It is submitted that the minor victim is ready to give a statement that no such offence has been committed by the petitioner.

2. The learned Public Prosecutor submits that a fresh statement can be taken from the victim through the Child Welfare Committee.

B.A. No.4111/2023

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3. Having regard to the submission made by the learned counsel for the petitioner and the learned Public Prosecutor, it is directed that a statement shall be recorded from the minor victim by the Child Welfare Committee, Pathanamthitta. The statement shall be placed before this Court in a sealed cover.

Post after two weeks.

Interim order will continue for a period of two weeks.”

Pursuant to the said order a statement was recorded from the victim by the Adv. S. Karthika, member, Child Welfare Committee, Pathanamthitta. A copy of the statement given by the victim has been placed before me in a sealed cover. I have perused the statement. A reading of the statement suggests that the victim has clearly stated that she had raised allegations against her father only on account of the fact the he had objected her relationship with the aforesaid Abhi. The victim who is now living with her grandmother has also expressed her desire to continue living with her parents.

The learned Public Prosecutor would submit that the statement recorded from the victim under Section 164 Cr.P.C clearly indicates that the petitioner had committed offence alleged against him. It is submitted that in the light of the statement now given before the Child Welfare Committee, the prosecution may seek to record a further statement under Section 164 Cr. P.C from the victim. It is submitted that the proceedings can be closed only the victim confirms the statement given before the Child Welfare Committee.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and considering the statement before the Child Welfare Committee, I am of the view that the petitioner can be granted anticipatory bail subject to conditions.

B.A. No.4111/2023

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In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, in the event of arrest in connection with Crime No.320/2023 of Aranmula Police Station, Pathanamthitta subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;

(ii) Petitioner shall report before the Investigating officer in Crime No.320/2023 of Aranmula Police Station, Pathanamthitta as and when called upon to do so;

(iii) Petitioner shall not attempt to influence or intimidate any witness in Crime No.320/2023 of Aranmula Police Station, Pathanamthitta;

(iv) Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Investigating officer in Crime No.320/2023 of Aranmula Police Station, Pathanamthitta may file an application before the jurisdictional Court for cancellation of bail. The report of the Child Welfare Committee which is placed before this court shall be returned to the Public Prosecutor and shall form part of the case diary in Crime No.320/2023 of Aranmula Police Station, Pathanamthitta.

Sd/- GOPINATH P. JUDGE

AMG