The High Court of Kerala allowed a bail application filed by an accused alleged of committing sexual offenses against a minor under IPC and POCSO. The court granted bail considering the completed investigation, existence of matrimonial disputes, and denial of necessity for further custody.
The petitioner is granted bail as directed in the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 13TH DAY OF SEPTEMBER 2023 / 22ND BHADRA,
1945
BAIL APPL. NO. 5390 OF 2023
AGAINST THE ORDER/JUDGMENT CRMP 1507/2023 OF ADDITIONAL
DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL
VIOLENCE AG
PETITIONER/ACCUSED(IN CUSTODY)(ARRESTED ON 22.05.2023):
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BY ADVS. AYYAPPAN SANKAR S.HRIDYA ANAKHA BABU
RESPONDENTS/STATE & INVESTIGATING OFFICER:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN – 682 031.
2 STATION HOUSE OFFICER VATTIYOORKAVU POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN – 690 572.
BY ADV
SRI. NOUSHAD K A-SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 13.09.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B.A No.5390 of 2023
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ORDER
Dated this the 13th day of September, 2023
The petitioner is the accused in Crime No.356/2023 of Vattiyoorkavu Police Station, Thiruvananthapuram District alleging commission of offences under Section 354-A(1)(i), 354 C, 509 of the Indian Penal Code and under Sections 8 r/w 7, 10 r/w 9(m) and 9(n) and 12 r/w 11(i) of POCSO Act.
B.A No.5390 of 2023
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amounts of money by withdrawing amounts from the said account. It is submitted that recently the petitioner purchased an apartment jointly in the name of the petitioner and his wife by availing a loan from a financial institution. It is submitted that since the petitioner had to remit the EMIs on the loan, the petitioner restricted the amounts being remitted to the joint account and this enraged his wife leading to several matrimonial disputes and also to the registration of false cases against the petitioner. It is submitted that the petitioner is absolutely innocent to the matter. References is made to Annexure-3 proceedings before the Family Court, Nedumangadu which is an application for maintenance filed in the month of October, 2022 to show there are matrimonial disputes between the petitioner and his wife. It is also submitted that the petitioner had objected to his children being made to act in ad films, etc. and this also enraged the wife of the petitioner. It is submitted that the wife of the petitioner is a trained Psychologist and she has manipulated the minor children to give false statements against the petitioner. It is submitted that the petitioner has been in
B.A No.5390 of 2023
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custody from 24.05.2023 and the further detention of the petitioner is not necessary in the facts and circumstances of the case.
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In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
i) The 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 jurisdictional Court;
B.A No.5390 of 2023
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If any of the aforesaid conditions are violated, the Investigating officer in Crime No.356/2023 of Vattiyoorkavu Police Station may file an application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P. JUDGE
AMR
B.A No.5390 of 2023
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APPENDIX OF BAIL APPL.No.5390/2023
PETITIONER’S ANNEXURES
Annexure 1TRUE COPY OF THE SALE DEED NO.1423/2022
DATED 30.05.2022 IN THE NAMES OF
PETITIONER AND HIS WIFE.
Annexure 2TRUE COPY OF THE STATEMENT OF ACCOUNT FOR
THE PERIOD FROM 1.4.2022 TO 31.3.2023
ISSUED FROM FEDERAL BANK, KURAVANKONAM
BRANCH, THIRUVVANANTHAPURAM DISTRICT WITH
RESPECT TO THE ACCOUNT NO.21794100000622
IN THE NAME OF PETITIONER AND HIS WIFE
Annexure 3TRUE COPY OF THE APPLICATION FOR
MAINTENANCE IN M.C.NO.324/2022 DATED
7.10.2022 ON THE FILE OF FAMILY COURT,
NEDUMANGADU.
Annexure 4THE PHOTOGRAPHS OF THE CHILDREN OF
PETITIONER WIDELY CIRCULATED THROUGH
VARIOUS SOCIAL MEDIA PLATFORMS BY
PETITIONER’S WIFE.
Annexure 5TRUE COPY OF THE FIR IN CRIME NO.356/2023
DATED 4.5.2023 OF VATTIYOORKAVU POLICE
STATION.
Annexure 6FREE COPY OF THE ORDER DATED 17.06.2023 IN
Crl.M.P.No.1507/2023 IN CRIME 356/2023 OF
THE ADDITIONAL SESSION JUDGE FOR THE TRIAL
OF CASES RELATING TO ATROCITIES AND SEXUAL
VIOLENCE AGAINST WOMEN AND CHILDREN,
THIRUVANANTHAPURAM.
2 issues framed by the court
Whether the petitioner is entitled to bail in the present circumstances.
Whether the existing custody and completed investigation warrant further detention.
3 provisions across 1 enactments
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STATE OF KERALA
STATION HOUSE OFFICER VATTIYOORKAVU POLICE STATION
GOPINATH P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court