Gopinath P., J
1. The petitioner is the accused in Crime No.914/2022 of Aryanad Police Station, Thiruvananthapuram District alleging commission of offences under
Sections 376 (2) (f), 376 (3) of the Indian Penal Code and Section 4 (2) read with 3 (b) and 9 (l) (n) read with Section 10 of the Protection of Children
from Sexual Offences Act, 2012 (the POCSO Act).
2. The allegation against the petitioner is that the petitioner who is father of the minor victim aged 13. It is submitted that in the month of December
2021 the petitioner kissed the minor victim on her lip and thereafter a few months later while she was watching television he had abused her by
touching her private parts. It is further alleged that the petitioner had again sexually abused the minor victim by inserting his fingers into her private
parts.
3. The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there are
matrimonial disputes pending between the petitioner and the mother of the victim and they are living separately for more than 4 years. It is submitted
that there are proceedings for divorce, proceedings for maintenance as also proceedings under the Domestic Violence Act. It is submitted that the
petitioner had no occasion whatsoever to sexually abuse the minor victim who is none other than his daughter. It is submitted that the allegations are
raised on account of matrimonial disputes between the petitioner and the mother of the victim. It is submitted that the petitioner has been in custody
for 96 days and continued detention is not necessary in the facts and circumstances of the case. It is submitted that final report has not been filed till
date and the petitioner is therefore entitled to statutory bail.
4. The learned Public Prosecutor points out that the allegations against the petitioner are serious. It is submitted that the petitioner is not entitled to bail
as the petitioner is none other than the father of the victim and there is every chance of the victim being influenced or intimidated if the petitioner is
granted bail. It is submitted that this is a fit case that the custodial trial should be ordered.
5. Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted
bail subject to conditions. He has already been in custody for 96 days. There are matrimonial disputes between the petitioner and the mother of the
victim. The possibility of false allegations have raised cannot be completely ruled out. It is also the contention of the learned counsel for the petitioner
that the petitioner and the mother of the victim are residing separately nearly 4 years and the victim is residing with her mother, there is possibility of
the victim being influenced or intimidated is also remote.
Accordingly this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall execute 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;
(ii) The Petitioner shall appear before the Investigating officer in Crime No.914/2022 of Aryanad Police Station, Thiruvananthapuram as and when called upon to do
so;
(iii) The petitioner shall not influence or intimidate the victim or any witness in Crime No.914/2022 of Aryanad Police Station, Thiruvananthapuram;
(iv) The petitioner shall not enter the local limits of Aryanad Police Station except for the purpose of complying with any condition imposed in this order or for the
purpose of appearing before any court / authority.
(v) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the Investigating officer in Crime No.914/2022 of Aryanad Police Station, Thiruvananthapuram may file
an application before the jurisdictional Court for cancellation of bail.
