Beena V. P. vs State Of Kerala

Gopinath P, J

This is an application for anticipatory bail.

The petitioner is the 4th accused in Crime No.229/2021 of Vazhakkad Police Station, Malappuram District alleging commission of offences under Sections 376(3), 384, 354(i),(ii) and 506(i) of the IPC and Sections 3, 4, 11 (iii), 11(v) r/w Section 12 of the POCSO Act.

The prosecution allegation is that the 1st accused had enticed the victim and invited her to the residence of the 4th accused (4th accused is the Aunt of the 1st accused) and there he had engaged in carnal intercourse with the victim and had also taken her nude photographs and had thereafter blackmailed her in every manner possible.

I have heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the de-facto complainant.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent and she was not aware of fact that the 1st accused was sexually assaulting the victim and further that she had not played any role in the commission of offences. The learned Public Prosecutor and the learned counsel appearing for the de-facto complainant would, however, submit that it was practically impossible for the 1st accused to commit the offence in the house of the 4th accused without her knowledge. It is also submitted that the nude photographs of the girl are stored in the mobile phone belonging to the 4th accused.

Having perused the first information statement given by the victim before the Police, I do not see any specific allegation regarding the role of the 4th accused except that the 1st accused had taken the victim in the house of the 4th accused several times and had subject to her to sexual abuse. It is also to be alleged that several nude photographs of the victim had been taken by the 1st accused.

Having regard to the above facts and circumstances of the case and considering the fact that the only role of the 4th accused as per the F.I.S was as indicated above, I am inclined to allow this application for anticipatory bail making it clear that the investigating agency shall endeavor to thoroughly investigate any further role played by the 4th accused in the abuse of the victim by the 1st accused. If the investigating agency finds evidence of any further role of the 4th accused on the basis of the investigation carried out, the investigating officer in Crime No.229/2021 of Vazhakkad Police Station, Malappuram District may approach this Court for cancellation of bail granted to the petitioner.

Subject to the above, it is directed that the petitioner shall be released on anticipatory bail in the event of arrest in connection with Crime No.229/2021 of Vazhakkad Police Station, Malappuram District, subject to the following conditions:-

(i) Petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.229/2021 of Vazhakkad Police Station, Malappuram District on every Wednesday and Saturday at 11.00 am until further orders;

(iii) Petitioner shall not attempt to contact the victim or the de-facto complainant or to interfere with the investigation or to influence or intimidate any witness in Crime No.229/2021 of

(iii) Petitioner shall co-operate with the investigation and shall also surrender her mobile phone to the investigating officer in Crime No.229/2021 of Vazhakkad Police Station, Malappuram District for the purpose of scientific analysis.

(iv)  Petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated and also in the circumstances noted in paragraph 7 above, the investigating officer in Crime No.229/2021 of Vazhakkad Police Station, Malappuram District may file an application before this Court, for cancellation of bail.