Anoop S.S. vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.18/2021 of Vithura police station, alleging commission of offences under Section 8 r/w.7, 10 r/w.9a(i) & 17

r/w. 16 of the Protection of Children from Sexual Offences Act.

The allegation against the petitioner is that on 12.11.2019 and on several days thereafter, the petitioner insisted that the minor victim girl should sit

near him and thereafter hugged her and also put his hand around her shoulders and pinched her on her cheeks and thereby he committed the offences

under the aforesaid provisions of law.

Learned counsel appearing for the petitioner submits that the petitioner is a Civil Police Officer attached to Vithura police station (now on

suspension). It is submitted that there were some issues between the parents of the victim girl and that the father of the victim is living separately with

another woman and that a complaint was filed in this regard. The petitioner is stated to have extended a helping hand to the mother of the victim. It is

submitted that this infuriated the father of the victim and at his insistence, a false and baseless complaint was raised against the petitioner. It is

submitted that the victim girl was forced to give a complaint only on account of the fact that the father had promised her that he would support her to

marry a boy of her choice which is a relationship, the mother of the victim had objected to. It is submitted that the petitioner was arrested on

22.12.2021 and has been in custody since then. It is pointed out that taking into consideration the nature of the allegations against the petitioner, further

detention of the petitioner is not necessary for the purpose of investigation into the case.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor, on instructions, would submit that the investigation in the matter is

under progress and grant of bail, at this stage, may not be conducive to the prosecution as the petitioner is a Civil Police Officer attached to be very

same police station where the complaint has been filed against him. It is submitted that though the petitioner is under suspension, by itself cannot

ensure that the petitioner will not attempt to interfere in the matter of investigation.

Having regard to the facts and circumstances of the case and considering the fact that further detention of the petitioner is not necessary for the

purpose of investigation and taking into account the fact that the allegations against the petitioner are as noted above, I am of the view that the

petitioner can be released on bail subject to sufficient conditions to ensure that he does not interfere with the investigation in any manner. Accordingly,

this application for bail is allowed and it is directed that 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) Petitioner shall appear before the investigating officer in Crime No. 18/2021 of Vithura Police station as and when called upon to do so;

(iii) The petitioners shall not attempt to interfere with the investigation or to influence or intimidate the the victim or any witness in Crime No.18/2021 of Vithura police

station;

(iv) The petitioner shall not enter the local limits of the Vithura police station where the victim is residing except for the purpose of complying with condition No.(ii)

above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and

file the same before the said court within seven days of release on bail;

(vi) 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.18/2021 of Vithura police station may file an application before the

jurisdictional court, for cancellation of bail.

Considering the fact that the petitioner is a Civil Police Officer attached to Vithura police station where the complaint against him has been registered

and notwithstanding the fact that the petitioner is stated to be under suspension, I deem it appropriate to direct the competent authority to ensure that if

the petitioner is being reinstated in service, he shall not be reinstated in any police station within Thiruvananthapuram district. Registry shall

communicate a copy of this order to the State Police Chief.