Regular bail sought by a father accused under IPC and POCSO provisions of sexually assaulting his nine-year-old daughter. With the investigation complete and final report filed, the court granted bail on stringent conditions including exclusion from the victim's police station limits, passport surrender, and CWC monitoring of the child's welfare.
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 MRS. JUSTICE SOPHY THOMAS
THURSDAY, THE 22 ND DAY OF FEBRUARY 2024 / 3RD
PHALGUNA, 1945
BAIL APPL. NO. 635 OF 2024
CRIME NO.706/2023 OF Thadiyittaparamba Police
Station, Ernakulam
Bail Appl. 11074/2023 OF HIGH COURT OF KERALA
PETITIONER/ACCUSED:
SHIHAB V.A.,
AGED 41 YEARS,
S/O. ABOOBACKER, VAZHAKKAMADATHIL (H), ERAMAM
KUNNUMPURAM, MUPPATHADAM, ERNAKULAM, PIN - 683110.
BY ADVS.
RAFEEK. V.K.
R.RAJASREE (CHUTTIMATTATHIL)
U.M.HASSAN
SALMAN FARIS
RESPONDENTS/STATE:
1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031.2 CHILD WELFARE COMMITTEE, ERNAKULAM, IS SUO MOTU IMPLEADED AS ADDITIONAL RESPONDENT 2 VIDE ORDER DATED 1-2-24SR.PUBLIC PROSECUTOR SRI.VIPIN NARAYAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
22.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
B A No.635 of 2024 2
ORDER
This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.706 of 2023 of Thadiyittaparamba Police Station, Ernakulam, registered under Sections 354A(1)(i), 354B, 376(2)(f), 376(2)(n), 376AB, 506 and 354 of IPC and Sections 9n, 9m, 9l, 10, 7, 8, 5n, 5l, 5m, 6, 3A and 4(2) of the Protection of Children from Sexual Offences Act.
application.
B A No.635 of 2024 3
with some other boys, and that fact is mentioned in the FI Statement itself. In the 164 statement, the child has stated nothing against the petitioner. Moreover, the petitioner is suffering from some mental disorders and prolonged incarceration may pose severe threat to his mental health.
In such circumstances, this Court is inclined to allow this application on the following terms:
(i). The petitioner shall be released on bail on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties, who are his close-relatives, each for the like sum to the satisfaction of the trial court.
(ii). The petitioner shall report before the investigating
B A No.635 of 2024 4
officer as and when directed.
(iii) The petitioner shall not enter the limits of Thadiyittaparamba Police Station, where the victim girl is residing with her mother, till the trial is over, except for the purpose of appearing before the investigating officer and the court.
(iv). The petitioner shall not try to contact the victim girl or her family members and shall not cause any kind of harassment to them, either directly or indirectly.
(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.
(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.
(ix) The CWC, Ernakulam, has to keep an eye on the welfare and wellbeing of the victim girl, by conducting periodic visits at her residence and report shall be filed once in two months before the trial court.
B A No.635 of 2024 5
(x) Learned Public Prosecutor to serve a copy of this order to the Chairman of CWC, Ernakualm, forthwith.
Sd/-
SOPHY THOMAS, JUDGE
DSV/-
B A No.635 of 2024 6
APPENDIX OF BAIL APPL. 635/2024
PETITIONER’S ANNEXURES
Annexure A1 THE TRUE COPY OF F.I.R. IN CRIME NO.
706/2023 IN THADIYITTAPRAMBU POLICE
STATION, DATED 10-11-2023.
Annexure A2 THE TRUE COPY OF THE ORDER DATED 30.11.2023
ISSUED BY THE COURT OF SPECIAL JUDGE,
MUVATTUPUZHA.
Annexure A3 TRUE COPY OF THE JUDGMENT IN B.A
NO.11074/2023 DATED 04.01.2024.
Annexure A4 TRUE COPY OF THE MEDICINES PRESCRIBED TO
THE PETITIONER FOR THE PSYCHOLOGICAL
DISORDER BY DR.KURUVILA.
Annexure A5 TRUE COPY OF THE PRESCRIPTION OF MEDICINES
SEND TO THE PRISONS VIA EMAIL.
Annexure 6 ORDER DATED 04-01-2024 IN BAIL
APPL.11074/2023 ON HIGH COURT.
RESPONDENTS’ ANNEXURES : NIL
1 issue framed by the court
Whether the father accused of sexually assaulting his nine-year-old daughter should be granted regular bail under Section 439 CrPC.
3 provisions across 3 enactments
Shihab V.A.
State of Kerala, represented by Public Prosecutor
Child Welfare Committee, Ernakulam
Sophy Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court