Wilson vs State Of Kerala

Gopinath P, J

These Bail Applications are filed by one Wilson and relate to three different crimes registered against him. Since the facts and allegations are almost similar in all the three crimes, these applications are disposed of by common order

The petitioner is the Unit Chief and Chief Warden of Christian Mission Service Children's Home, Neyyattinkara, Thiruvananthapuram (for short 'CMS Children's Home'). He seeks bail in respect of Crime Nos.2792/2021, 2809/2021 and 2816/2021. The alleged victims in these cases are inmates of the CMS Children Home.

In Crime No.2792/2021 of Neyyanttinkara police station, the allegation against the petitioner is that, he inappropriately touched the chest portion of the minor victim girl on or about 13.08.2021. In so far as Crime No.2809/2021 of Neyyanttinkara police station is concerned, the allegation is that, on a day after Onam of 2021, the petitioner inappropriately touched and stroked the victim on her back. In so far as Crime No.2816/2021 of Neyyanttinkara police station is concerned, the allegation is that, the petitioner caught hold of the chest portion of the victim girl at a time when she was speaking to her father over telephone.

Learned counsel appearing for the petitioner submits that the allegations in all three complaints against the petitioner are false and made with a malicious intent. He refers to a document produced as Annexure-G along with Bail Application No.9064/2021 which is the memo of charges relating to action taken by the petitioner for removing the alleged victim girls in these cases from the Children's Home. The background for the issuance of Annexure-G, on 30.09.2021, is that, one Jomon (a close relative of the victims in these cases), allegedly eloped with another inmate of the Children's Home, in respect of which a complaint had been raised and a crime namely Crime No.966/2021of Kunnikode police station, Kollam district has been registered against the said Jomon under Sections 366, 450, 376(1) of the Indian Penal Code and Section 3(A), r/w. 4(1) and 7 r/w. 8 of the Protection of Children from Sexual Offences Act. The victim girl in Crime No.2809/2021 of Neyyattinkara police station is the sister of the aforesaid Jomon and the victim girls in Crime Nos.2816/2021 and 2792/2021 of Neyyattinkara police station are also close relatives of the aforesaid Jomon. It is submitted that action had to be taken by the petitioner to remove the victim girls from the Children's Home on account of the fact that there are specific allegations against the victim girls that they arranged for the aforesaid Jomon to contact with the other inmate who is stated to have eloped with Jomon. It is submitted that the petitioner has been in custody from 09.10.2021 and further custody of the petitioner is not necessary for the purpose of investigation, in the facts and circumstances of the case.

Learned Public Prosecutor, on instructions, submits that the investigation into the matter is progressing and the grant of bail at this stage may affect the progress of investigation. It is submitted that the allegations against the petitioner are serious and truth of the matter can be established only after thorough investigation.

Having regard to the facts and circumstances of the cases and taking into account the fact that the petitioner has been in custody from 09.10.2021 and also taking into account the nature of the allegations and also considering the fact that the complaints were raised only after the petitioner took action to remove the victim girls from the Children's Home, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application is allowed and it is directed that the petitioner shall be released on bail in all the three cases namely Crime Nos.2816/2021, 2792/2021 and 2809/2021 of Neyyattinkara police station subject to the following conditions:-

(i) The petitioner shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like sum to the satisfaction of the jurisdictional court in each of the three crimes mentioned above;

(ii) Petitioner shall appear before the investigating officer in Crime Nos. 2816/2021, 2792/2021 and 2809/2021 of Neyyattinkara Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victims or any witness in Crime Nos.2816/2021, 2792/2021 and 2809/2021 of Neyyattinkara police station;

(iv) 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;

(v) 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 Nos.2816/2021, 2792/2021 and 2809/2021 of Neyyattinkara police station may file an application before the jurisdictional court, for cancellation of bail.