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Judgment
The petitioner herein seeks pre arrest bail under
Section 438 of the Code of Criminal Procedure on the
apprehension of arrest and custodial harassment in
connection with Crime No.1232 of 2017 of the Vanchiyoor
Police Station registered under Sections 3(b), 4, 7, 8 and 11
(iii) of POCSO Act and under Section 75 of the Juvenile
Justice Act. She is the 2nd accused in the crime.
The victim of offence in this case is the
petitioner''s own daughter aged 12 years. The 1st accused is
said to be the paramour of the petitioner. The alleged
incident of sexual abuse on the minor girl happened while
the petitioner was residing with the 1st accused without a
legal marriage. The complaint made by the minor girl
shows that she had been sexually abused by the 1st
accused, the mother''s paramour, and he did everything
with the knowledge and silent consent of the mother. The
complaint also describes some instances where the minor
girl was physically harassed and assaulted by the mother.
In the nature of the allegations, I feel it
appropriate to direct the petitioner to surrender before the
Investigating Officer for necessary interrogation. Her
interrogation is necessary for the collection of materials
concerning the actual circumstance of the alleged offence,
the actual connection between the petitioner and the 1st
accused, the silent consent amounting to abetment on the
part of the petitioner, etc. Without such interrogation,
investigation cannot be completed. After such interrogation,
the request for regular bail can be considered by the court
below having jurisdiction.
In the result, this bail application is disposed of, as
follows:
a. The petitioner shall surrender before
the Investigating officer between 9 a.m and 10
a.m on any day within ten days from this date for
interrogation.
b. After such interrogation, the
Investigating Officer will produce the petitioner
before the court below having jurisdiction on the
same day before 4 p.m.
c. In case application for regular bail is
filed by the petitioner, the same shall be
judiciously considered and decided on merits by
the court below on the same day.