XXXXXXXXXX vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioners are the accused in Crime No.128/2022 of Chengannoor Police Station, Alappuzha District alleging commission of offences under Sections 317, 109 r/w. Section 34 of the Indian Penal Code and Section 76 of the Juvenile Justice (Care and Protection of Children) Act, 2015 .

The allegation is that the 1st petitioner who is the mother of two children, aged 10 and 9 years respectively, had abandoned them and thereby committed the offences alleged. The 2nd petitioner/2nd accused is the person with whom the 1st petitioner/1st accused is stated to be living. The complaint which led to registration of the aforesaid crime was given by the husband of the 1st petitioner.

The learned counsel for the petitioners would submit that the children were, at the relevant time, with the parents of the 1st petitioner and they had not been abandoned as alleged. It is submitted that this is clear from the First Information Statement of the de facto complainant itself. It is submitted that now the children are in the custody of the de facto complainant. It is submitted that the petitioners have been in custody for 17 days and their continued detention is not necessary, in the facts and circumstances of the case.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioners, I am of the view that the petitioners can be granted bail as their continued detention does not seem to be necessary for the purposes of investigation.

In the result, this bail application is allowed. It is directed that the petitioners shall be released on bail, subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums 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) The petitioners shall report before the Investigating officer in Crime No. 128/2022 of Chengannoor Police Station, as and when called upon to do so;

(iii) The petitioners shall not interfere with the investigation or to influence or intimidate any witness in Crime No. 128/2022 of Chengannoor Police Station;

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

If any of the aforesaid conditions are violated, the Investigating officer in Crime No. 128/2022 of Chengannoor Police Station, may file an application before the jurisdictional Court for cancellation of bail.