BIPIN MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking pre-arrest bail. The petitioner herein is the sole accused in Crime No.844/2017 of Kumaly Police Station, Idukki District. The offences involved in the crime are those punishable under Section 366(A) and 376 I.P.C and Section 3(a), 4 and 5(i) r/w section 6 of the Protection of Children from Sexual Offences Act, 2012 [for short 'the POCSO Act']. The allegation of the prosecution was that the victim of the incident, was abducted by the petitioner and committed rape on her, following which she conceived and gave birth to a child.

(2.) According to the prosecution, at the alleged time of commission of the offence, the victim was aged below 18 years and therefore, the grave offences under the IPC and POCSO Act were also added into Crime No.844/2017, which was originally registered by the Kumaly Police for man missing alone. Therefore, as the case now stands, takes in, the offences under Sections 366A, 376 IPC and Section 3(a), 4 and 5(i) r/w Section 6 of the POCSO Act.

(3.) Sri.Biju C Abraham, the learned counsel for the petitioner has moved this application seeking pre-arrest bail out of apprehension of being arrested and harassed by the police in the said crime. According to him, the petitioner is totally innocent of the allegations raised against him. The victim of the alleged incident, actually eloped with the petitioner, since she was in love affair with him. According to him, the de facto complainant is none other than the grand mother of the victim, who was nurturing ill will against the mother of the victim. Solely to wreck vengeance against the mother of the victim for having stated facts totally unfavourable to her in a property dispute, the complaint was lodged and the crime in question caused to be registered against the petitioner, who, as on date is none other than the husband of the victim and father of the child born to her. According to him, the mother and the victim do not have any grievance as on date against the petitioner and they are leading a happy life. According to him, the victim and her mother do not want to pursue with the prosecution based on Crime No.844/2017, initiated at the instance of the grandmother and that is evidenced by the affidavits sworn to by each of them and produced along with this application. The mother of the victim got impleaded into this application vide order of this Court in C.M.Appl.No.2655/2018.