Kerala High Court
Sajay A.K vs State Of Kerala on 25 August, 2014
Author: V.K.Mohanan
Bench: V.K.Mohanan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
MONDAY,THE 25TH DAY OF AUGUST 2014/3RD BHADRA, 1936
Bail Appl..No. 6218 of 2014
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CRIME NO. 1307/2014 OF KALAMASSERY POLICE STATION , ERNAKULAM
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PETITIONER(S)/ACCUSED:
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SAJAY A.K., AGED 38 YEARS,
S/O.LATE RAVEENDRAN, SREENIKETHAN, PARAKKALAM,
KOOTHUPARAMBA, KANNUR DISTRICT.
PRESENTLY RESIDING IN 111 D,
ASSET HOMES FLAT 3RD FLOOR, EDAPALLY TOLL JUNCTION,
ERNAKULAM DISTRICT.
BY ADVS.SRI.MILLU DANDAPANI
SRI.PREMCHAND R.NAIR
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY SUB INSPECTOR OF POLICE,
KALAMASSERY POLICE STATION,
REPRESENTED THROUGH PUBLIC PROSECUTOR,
HIGH COURT OF KERALA.
BY PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25-08-2014,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
PJ
V.K.MOHANAN, J.
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B.A.No. 6218 of 2014
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Dated this the 25th day of August, 2014
O R D E R
The petitioner, who is the accused in Crime No.1307 of 2014 of Kalamassery Police Station, arrested on 14.8.2014 and continuing in custody, preferred the above application for bail under Section 439 of the Cr.P.C.
2. The allegation against the petitioner is that he with sexual intent touched the private part of his own daughter aged 5 years and thereby, committed the offences punishable under Sections 5(l),(m) and (n) read with Section 6 of the Protection of Children from Sexual Offences Act,2012 and Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2000 and Section 376 of the I.P.C.
3. Heard the counsel for the petitioner and the learned Public Prosecutor.
B.A. No. 6218 of 2014
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4. Mrs. Sumathi Dandapani, the learned counsel appearing for the petitioner/accused strenuously submitted that the petitioner is innocent and he is implicated in the above crime at the instance of the wife of the petitioner, who is undergoing treatment for certain mental disease and the daughter of the petitioner is made as a tool to wreck vengeance against the petitioner. In support of the above contention, along with the petition, Annexure B as well as Annexure C certificates issued respectively by Dr.K.S.Mohan, M.B.B.S., D.P.M.(NIMHANS), M.D (Psychiatry) and Dr.P.N.Suresh Kumar, MD, DPM (Vellore) DNB,PhD (Medicine), Department of Psychiatry, IQRAA International Hospital and Research Centre, Malaparamba, Calicut. To substantiate the above contention, the petitioner has also produced Annexure E affidavit sworn to by the father and mother of the wife of the B.A. No. 6218 of 2014 :-3-:
petitioner whereby the parents of the mother of the victim deposed that she is suffering from Paranoid Schizophrenia for several years and undergoing treatment. Thus, according to the learned counsel for the petitioner, the petitioner is implicated in the above crime only to harass him connected with the dispute between himself and his wife.
5. On the other hand, the learned Public Prosecutor, stoutly opposing the bail application, submitted that the petitioner is involved in a heinous crime in which he approached his own daughter with sexual intent and he touched on the private part of the minor girl and investigation is in progress and therefore, in case he is released on bail, it will adversely affect the investigation.
6. I have carefully considered the submission made by the learned Senior Counsel and the learned Public Prosecutor B.A. No. 6218 of 2014 :-4-:
and I have carefully perused the materials produced along with this petition.
7. At the outset, it is to be noted that in terms of the order dated 22.8.2014, Smt.Jayasree of Kalamassery Police Station (WPC No.11415) produced the victim-minor girl in my Chambers at 9.45 a.m. and I had interacted with her. The mother of the victim, who is the wife of the petitioner was also present and at her request, I had also interacted with her and she, during our conversation, reiterated the allegation against her husband connected with the so called incident. As requested by Smt.Sumathi Dandapani, the learned Senior counsel appearing for the petitioner, I have interacted with the parents of the mother of the victim and with her sister-in-law. After interaction with the aforesaid parties and in view of the fact, particularly the nature of the allegation raised against the B.A. No. 6218 of 2014 :-5-:
petitioner, I am of the view that the further custody of the petitioner is not required and he can be released on bail at the very same time, sufficient safeguards can be incorporated so as to protect the interest of the prosecution while releasing him on bail.
In the result, this petition is allowed and he shall be released on bail on his executing a bond for `50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like amount to the satisfaction of the concerned court and subject to the following conditions:-
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate at the time of executing the bail bond and if he is not the passport holder, he will file an affidavit to that effect in the said court. If the petitioner requires his passport, he can approach the trial court for the release of the same and in case such an application is filed, the trial court is directed to consider the same on merit guided by the decision of this Court reported in Asok Kumar v. State of Kerala B.A. No. 6218 of 2014 :-6-:
[2009(2) KLT 712].
(ii) The petitioner shall report before the C.I. Of Police, Kuthuparamaba between 10 and 11 a.m. on Sundays once in a fortnight.
(iii) The petitioner shall report before the Investigating Officer in Crime No.1307 of 2014 of Kalamassery Police Station as and when required by him and the petitioner is further directed to undergo any medical test, if any, directed by the investigating officer in the above crime.
(iv) The petitioner shall not enter into the Ernakulam Revenue District without the permission of the jurisdictional Magistrate at Aluva.
(v) The petitioner shall not interfere with the investigation.
(vi) The petitioner shall not influence the witnesses or shall not try to tamper the evidence.
(vii) The petitioner shall co-operate with the investigation and report before the Investigating Officer as and when required.
Sd/-
V.K.MOHANAN, Judge MBS/ //True copy// P.S. to Judge