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HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
MUHAMMED – Appellant
Versus
STATE OF KERALA – Respondent
Bail Appl./4999/2018
Bail - Accusation of Child Abuse - Cr.P.C. §439, IPC §354, Protection of Children from Sexual Offences Act §3(d) r/w 4, §5(l)(m)(n) r/w 6, §7 r/w 8 - The court highlighted the gravity of allegations, evaluated discrepancies in testimonies, noted the absence of injuries, and determined that further detention was unwarranted, allowing bail under stringent conditions.
Fact of the Case:
The applicant, accused of sexually abusing his minor granddaughter, was arrested based on allegations from his son, who has a history of substance abuse. The minor child revealed instances of inappropriate touching, leading to immediate medical examination and subsequent police action.
Finding of the Court:
The court noted discrepancies in testimonies, the absence of physical injuries, and the ongoing family disputes. These factors led to the conclusion that continued custody was not necessary, and the applicant could be released on bail with conditions.
Issues: Whether the accused poses a threat to the minor and if the evidence warranted further detention pending trial.
Ratio Decidendi: The court reasoned that the lack of physical injury and the conflicting statements cast doubt on the accusations, supporting bail while imposing strict conditions to mitigate risk.
Final Decision: Application for bail granted with conditions.
ORDER
This application is filed under §439 of the Cr.P.C.
2. The applicant herein is the accused in Crime No.471 of 2018 of the Edathala Police Station, registered under § 354 of the IPC and §§ 3(d) r/w 4, § 5(l)(m)(n) r/w 6, § 7 r/w 8 of the Protection of Children from Sexual Offences Act , 2012.
3. The survivor is a minor girl aged 3 1/2 years. The applicant herein is her grandfather. The first information was furnished by the son of the applicant herein. According to him, he along with his wife, child and his parents are residing in a rented house. He is working as a driver and his father is a bus conductor. On 28.5.2018, while his daughter was taking bath she complained of pain. When questioned, the minor child is alleged to have told the de facto complainant that the applicant herein used to touch her private parts and genitalia when they were alone. The child was immediately rushed to the Aluva Government Hospital, where she was examined by a Doctor.
Later, information was furnished and the Crime was registered.
4. The learned counsel appearing for the applicant submitted that he has been framed in the instant case by his own son, who is in inimical terms with him. According to the learned counsel, the de facto complainant is an alcohol addict and he was undergoing de-addiction treatment for the last several years. About 1 ½ years prior to the registration of the Crime, the property owned by the applicant herein was assigned to the wife of the de facto complainant. Thereafter, the applicant herein has been residing with his wife in a rented house. About 4 months prior to the incident, the son of the applicant herein along with his family members started residing with the applicant. It is submitted that for reasons best known to the de facto complainant, false allegations have been raised against the applicant. It is submitted that the applicant has never abused his own grandchild and the allegation to that effect is false. The child has been made to state such false accusations, contends the learned counsel.
5. The learned Public Prosecutor has opposed the prayer. It is submitted that the 164 statement of the child was recorded and she has reiterated the allegations against the applicant. The allegations are extremely grave, contends the learned Public Prosecutor.
6. I have considered the submissions advanced. Though the child was taken to the Doctor immediately after she had complained of pain, no injuries are noted. It appears that there are disputes between the applicant and his son. There are some minor discrepancies in the statement of the de facto complainant and his wife. The applicant is none other than the grandfather of the minor child. The case diary shows that the investigation has reached the final stages. It does not appear to me that further detention in custody of the applicant is warranted in the instant case. He can be granted bail on stringent conditions.
7. 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 all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier.
2). He shall not enter the limits of Edathala Police Station, except for the purpose of complying with the other conditions in the order. If for any extraordinary reason the applicant requires to enter the limits, previous permission has to be obtained from the jurisdictional Court.
3). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not make any attempt to contact the child or her parents.
4). He shall not commit any offence while on bail.
In case of violation of any of the above conditions, the jurisdic
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