V.S. Joy vs State Of Kerala on 23 January, 2018

[Cites 4, Cited by 4]

Kerala High Court

V.S. Joy vs State Of Kerala on 23 January, 2018

Bench: V Raja Vijayaraghavan

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT:

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

       TUESDAY, THE 23RD DAY OF JANUARY 2018 / 3RD MAGHA, 1939

                     Bail Appl..No. 255 of 2018
                           ---------------
       (CRIME NO. 1084/2017 OF NENMARA POLICE STATION, PALAKKAD)



PETITIONER/ACCUSED:

    V.S. JOY, AGED 72 YEARS,
    S/O. SEBASTIAN,
    RESIDING AT VATTAKATH @ VATTUKATTU HOUSE,
    KAYARADI (P.O.KARIMBARA, CHITTUR TALUK,
    PALAKKAD DISTRICT.

    BY ADV. SRI. LAL GEORGE



RESPONDENTS/COMPLAINANT & STATE:

1. STATE OF KERALA
    REPRESENTED BY THE PUBLIC PROSECUTOR
    OFFICE OF THE ADVOCATE GENERAL,
    ERNAKULAM, PIN-682 031.

2. STATION HOUSE OFFICER
    NENMARA POLICE STATION, PALAKKAD DISTRICT.


   BY PUBLIC PROSECUTOR SMT. SHEEBA K.K.


  HIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23-01-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:



                 RAJA VIJAYARAGHAVAN V., J
             = = = = = = = = = = = = = = = = = =
                        B.A. No. 255 of 2018
             = = = = = = = = = = = = = = = = = =
             Dated this the 23rd day of January, 2018

                              ORDER

1.This petition is filed under Section 439 of the Code of Criminal Procedure.

2.The petitioner, a 72 year old man, is arrayed as the accused in Crime No.1084/2017 of the Nenmara Police Station, registered alleging offences punishable under Sections 7 r/w. Section 8 of the Protection of Children from Sexual Offences Act as well as Section 3(1)(xi) of the Scheduled Caste/Schedule Tribes (Prevention of Atrocities) Act.

3.The victim in the instant case is a minor girl aged 9 years. The aforesaid crime was registered on the basis of a complaint filed by mother of the victim child on 22.12.2017. The allegation is that on 19.12.2017, at about 4.30 PM, while the victim was returning back from school, the petitioner offered sweets and asking whether she was wearing a chain, stealthily, touched her breasts.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an aged person and is ailing. He is innocent of all the allegations. His good intentions were misinterpreted by BA.255/18 -:2:- the mother of the child, which has ended up in a police complaint is the submission. Finally, it is submitted that the petitioner has been in custody from 23.12.2017 and prays for issuance of appropriate orders for his release.

5.The learned Public Prosecutor has opposed the prayer.

6.I have considered the submissions advanced and have gone through the case diary. It is not reported that the petitioner is a person with prior criminal antecedents. Though the allegations are grave, the fact remains that the petitioner is a person aged 72 years and he has been in custody from 23.12.2017. The investigation also appears to have been progressed much.

7.Having regard to the nature and gravity of the allegations, the age of the petitioner, the period of incarceration undergone and the stage of investigation, I am of the view that the petitioner can now be enlarged on bail.

In the result, this petition will stand allowed. However, it shall be subject to the following conditions:

(a)The petitioner shall be released on bail on his executing a bond for Rs.50,000/-(Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

BA.255/18 -:3:-

(b)The petitioner shall appear before the Investigating Officer on all Mondays and Fridays between 9 AM and 1 PM, for 2 months or till final report is filed, whichever is earlier.

(c)The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. The petitioner shall not make any attempt to contact the victim or her family members.

(d) The petitioner shall surrender his passport before the court below or if he does not have one, he shall file an affidavit to that effect within five days of his release. Application for release of the passport, if any, shall be considered by the Trial court at the appropriate stage.

(e)The petitioner shall not commit any offence while he is on bail.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law.

Sd/-

Raja Vijayaraghavan V., Judge krj.23/1 //True copy// P.A. To Judge

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