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Satheesh K. vs State Of Kerala on 27 February, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

WEDNESDAY, THE 27TH DAY OF FEBRUARY 2019 / 8TH PHALGUNA, 1940

Bail Appl..No. 1382 of 2019

CRIME NO.132/2019 OF ELOOR POLICE STATION, ERNAKULAM

PETITIONER/ACCUSED:

SATHEESH K., AGED 32 YEARS,
S/O. KRISHNAN, CHERUVANCHIPARAMBU HOUSE,
KATHAMPOTTAH, CHITILAMCHERRY POST,
PALAKKAD, PIN-678704,

BY ADVS.
SRI.S.RAJEEV
SRI.D.FEROZE
SRI.K.ANAND (A-1921)
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY

RESPONDENT/STATE/COMPLAINANT:

STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNKULAM, KOCHI-682031.
(CRIME NO.132/2019 OF ELOOR POLICE STATION,
ERNAKULAM DISTRICT)

BY SR. PUBLIC PROSECUTOR SRI. AMJAD ALI

THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.02.2019,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BA:1382/2019 2

ORDER

This application is filed under Section 439 of the Cr.P.C.

2. The applicant herein is the accused in Crime No.132 of

2019 of the Eloor Police Station registered under Sections 354A of the

IPC and Section 9(1)(m)(n) of the Protection of Children from Sexual

Offences Act, 2012.

3. The victim is the minor child of the applicant. She is aged 5

years. A complaint was lodged by the wife of the applicant before the

police alleging that the applicant is a drunkard and used to abuse her

and the child. She further alleges that sometime in the year 2016,

while the applicant was sleeping next to the child, he placed his hands

on her private parts and subjected her to sexual abuse.

4. The learned counsel appearing for the applicant submitted

that the marriage between the applicant and his wife was solemnised

on 27.1.2012, after a prolonged love affair. They have two issues in
BA:1382/2019 3

the wedlock, out of which the victim child is the elder one. The

applicant was working abroad for a substantially long period and

thereafter, he terminated his employment and came back to India.

This was not to the liking of his wife and her family members. There

occurred serious strain in the marriage which led to the registration of

Crime No.130 of 2019 of the Eloor Police Station, inter alia, under

Section 498A of the IPC. While giving information in the said crime,

the de facto complainant had no case that the applicant had

committed any offensive act on his own child. When the applicant

informed the de facto complainant that he would be moving the Family

court for getting custody of his children, false allegations are raised

against him, argues the learned counsel.

5. Heard the learned Public Prosecutor, who submitted that

the allegations are grave.

6. I have considered the submissions advanced and have gone

through the allegations in Crime No.130 of 2019 as well as in the

instant crime. As rightly submitted by the learned counsel appearing

for the applicant, when information was furnished which led to the

registration of Crime No.130 of 2019, the de facto complainant had no
BA:1382/2019 4

case that the applicant herein had subjected the child to abuse. The

records reveal that the applicant and his wife do not see eye to eye.

The crime has been registered in respect of some incident which took

place in the year 2016. The contention of the learned counsel that

strain in the relationship has persuaded the wife to level wild

allegations cannot be brushed aside at this stage. The applicant was

arrested on 22.2.2019 and he has been in custody since then. Having

regard to the nature of the accusations, the period of detention

undergone and the stage of investigation, I am of the view that the

applicant can now be released on bail on stringent conditions.

In the result, this application will stand allowed. The applicant

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. The above

order shall be subject to the following conditions:

1. The applicant shall appear before the Investigating
Officer on every Saturdays between 10 a.m. and 1
p.m., for a period of 3 months or till final report is
filed, whichever is earlier.

2. He shall not intimidate or attempt to influence the
witnesses; nor shall he tamper with the evidence.

3. He shall not commit any similar offence while on bail.

BA:1382/2019 5

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 //TRUE COPY// P.A. TO JUDGE

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