Victor Montherio vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.586 of 2021 of Manjeshwaram Police Station, Kasaragod District, alleging commission of offences under Sections 376 AB and 376(2)(f) of the Indian Penal Code and Section 6 read with Section 5(1)(m)(n) of the POCSO Act.

The allegation against the petitioner is that the petitioner sexually assaulted the minor victim girl, who is none other than his brother's daughter, by touching her on her private parts, on atleast two occasions and thereby committed the offences under the aforesaid provisions of law.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. With reference to Annexures A II and A IV, it is submitted that the petitioner and his brother had given complaints against the de-facto complainant (mother of the victim girl) and that the present complaint has been raised only to wreak vengeance on the petitioner.

The learned Public Prosecutor, on instructions, would submit that this is a case where the 164 statement of the victim girl had been recorded by the learned Magistrate and a perusal of that statement would show clearly that the petitioner had sexually assaulted the victim. It is submitted that the medical report also confirms the allegation made against the petitioner.

Having regard to the facts and circumstances of the case and taking into consideration of the fact that the petitioner has been in custody from 11.09.2021 and also considering the fact that the further custodial interrogation of the petitioner may not necessary in the facts and circumstances of the case, I am of the opinion that the petitioner can be granted bail subject to strict conditions.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute 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;

(2) Petitioner shall appear before the investigating officer in Crime No.586 of 2021 of Manjeshwaram Police Station, Kasaragod District, on every Saturday at 11 am until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No.586 of 2021 of Manjeshwaram Police Station, Kasaragod District;

(4) The petitioner shall not enter the local limits of the Taliparamba Police Station where the de facto complainant and the victim are stated to be residing;

(5) The petitioner shall surrender his passport before the Jurisdictional Court;

(6) 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.586 of 2021 of Manjeshwaram Police Station, Kasaragod District, may file an application before the Jurisdictional Court for cancellation of bail.