VISHNU GOPINAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The aforecaptioned Bail Application arises out of of Muttom Police Station. The petitioner herein has been arrayed as A-1 in the instant of Muttom Police Station, for offences punishable under Secs.354, 506(l) r/w 34 of the IPC and Secs.9(l), 9(m), 9(n) r/w 10 of the POCSO Act, 2012.

(2.) The prosecution case in short is that accused No.2 is the mother of the minor victim girl, aged 10 years, and that accused No.2 is living separately from her husband and that accused No.1 is her present paramour/lover and that accused No.3 is a close relative of the accused No.2's adopted mother, one Lissy and that accused Nos.1 and 2 had taken the minor girl to a lodge situated within the territorial limits of Idukki Police Station and while on bed, the child was made to sleep in between accused Nos.1 and 2 and that accused No.1 had pressed the victim's breast and had sexually abused her by touching her private parts. Further that accused No.2 (mother) had bitten breast of the minor victim girl. Similar allegations are also raised against accused Nos.1 and 2 in respect of the incidents which had happened within the territorial limits of Muttom Police Station. Allegations have also been made by the victim girl that accused No.3 had made her to sit in his lap and accused No.3 had pressed on her breast, etc. It appears that the allegations in relation to accused No.3 are said to have happened in Chambakkara, which is said to be within the territorial limits of Maradu Police Station. It is stated that after registration of of Idukki Police Station, the said Police Station has transferred the crime to the extent it relates to the incidents which had happened within the territorial limits of Muttom Police Station to the said Police Station wherein it has been registered as of Muttom Police Station in which accused Nos.1 and 2 herein have been arrayed as accused therein. B.A.No.4437/2019 is in relation to the said transferred of Muttom Police Station, Idukki District. It is further brought to the notice of this Court that the allegations in relation to the said crime to the extent of the allegations which had happened within the territorial limits of Maradu Police Station have been transferred to that Police Station.

(3.) Learned counsel for the petitioner would submit that the abovesaid allegations have been falsely foisted on the accused persons mainly at the instance of family members and foster parents of accused No.2. It is brought to the notice of this Court that the petitioner (A-1) has been arrested in relation to of Idukki Police Station on 8.5.2019 and that the arrest of the petitioner (A-1) in relation to latter Crime No. 183/2019 of Muttom Police Station was formally recorded on 22.5.2019. It is further urged that the continued detention of the petitioner is no longer necessary and this Court may order release of the petitioner on regular bail subject to any stringent conditions.