Kerala High Court
Celine vs State Of Kerala on 23 June, 2022
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
BAIL APPL. NO. 2433 OF 2022
CRIME NO.168 OF 2022 OF ELAMAKKARA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
CELINE
AGED 59 YEARS
PAVOTHITHARA HOUSE,
CCRA 1141467
CHANGAMPUZHA ROAD, EDAPALLY,
ERNAKULAM, PIN - 682024
BY ADVS.
K.R.VINOD
K.S.SREEREKHA
M.S.LETHA
JOHN TONY AKKARA
JACQUELINE JACKSON
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 2433 OF 2022
2
BECHU KURIAN THOMAS, J.
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B.A.NO. 2433 of 2022
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Dated this the 23rd day of June, 2022
ORDER
This is an application for pre-arrest bail filed under Section 438 of the Code of Criminal Procedure, 1973.
2. Petitioner is arrayed as 2nd accused in Crime No.168 of 2022 of Elamakkara Police Station, Ernakulam, alleging offences under Sections 354 and 323 of the Indian Penal Code, 1860 and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 9(1),(n)(p) r/w Section 10 and Section 16(1) r/w Section 17 and Section 21 of the Protection of Children from Sexual Offences Act, 2012.
3. The prosecution case is that the 1 st accused who is the husband of the petitioner sexually assaulted the defacto complainant/victim in the year 2015 when she was a minor, by touching her breasts and hugging her from behind, and that petitioner encouraged the commission of the said offence.
4. The learned counsel for the petitioner submitted that, Petitioner is a retired school headmistress while her husband is a retired Government employee and that the allegations raised against them are totally false and is alleged against the petitioner for ulterior BAIL APPL. NO. 2433 OF 2022 3 purposes. It was also pointed out that the 1 st accused was granted bail on the seventh day of his arrest, while the respondent police is attempting to arrest the petitioner, thereby causing apprehension.
5. The learned Public Prosecutor opposed the grant of pre- arrest bail and submitted that the offences alleged are required to be investigated into, after interrogation of the petitioner.
6. On a consideration of the circumstances arising in the case and on an appreciation of the arguments of either Counsel, though I am of the view that the allegations are serious in nature, custodial interrogation of the petitioner is not required. In view of the above, the petitioner is entitled to be released on pre-arrest bail.
Accordingly, this application is allowed on the following conditions:
(i) In the event of the petitioner being arrested in connection with Crime No.168 of 2022 of Elamakkara Police Station, she shall be released on bail on her executing a bond for Rs.50,000/-
(Rupees fifty thousand only) with two solvent sureties each for the like sum, before the Investigating Officer.
(ii) Petitioner shall appear before the Investigating Officer as and when required.
BAIL APPL. NO. 2433 OF 2022 4
(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence or contact the defacto complainant or her family members;
(iv) Petitioner shall not commit any offence while she is on bail.
(v) Petitioner shall not leave India without the permission of the Court having jurisdiction. 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, notwithstanding the bail having been granted by this Court.
Sd/-
BECHU KURIAN THOMAS JUDGE AJM 24/6/22