Petitioner is the first accused in Crime No.599/2014 of Thiruvalla Police Station, Pathanamthitta District. The offences alleged against him and other accused are punishable under Secs.376(2)(j) and (i), 354, 403, 404, 406 and 506(i) r/w 34 of IPC and also under Sec.3 r/w 4 of POCSO Act. 2. Petitioner has been in custody since 30.3.2014.
3. The victim girl is the daughter of the petitioner herein. After she attained 18 years, she filed a private complaint. It was forwarded to the police for investigation, based on which, the crime was registered. It is alleged that the petitioner started abusing his daughter - the victim girl while she was studying in the 6th standard and thereafter. Her mother died. Hence, the petitioner contracted a second marriage. 2nd accused is the wife of the first accused. It is alleged that while the girl was young accused 1 and 2 used to lie naked and engage in sexual activities and they used to tell the complainant - victim girl to do similar activities and when she refused she was brutally attacked by the accused. So many other serious allegations are also seen made in the complaint. 2nd accused has abetted the commission of offence and she did also so many sexual acts attracting the offences as mentioned earlier, the prosecution contends.
4. Learned counsel for the petitioner would submit that the complaint was filed at the instance of the uncle of the complainant and that on going through the complaint it would appear that the complaint was given since the petitioner herein did not return the gold ornaments and the amount allegedly taken by him. From paragraphs 13, 14 and 18, it can be seen that the petitioner had misappropriated 35 sovereigns of gold ornaments and an amount of ₹3,60,000/-. The aforesaid amount was actually due to the complainant; as the petitioner was the nominee he collected the amount but, he did not give it to the complainant, the complainant contends. Considering the period of detention, he may be granted bail, the learned counsel submits.
5. It is a case where the petitioner, who is the father of the victim girl allegedly did the heinous acts as stated above. However, considering the period of detention, the petitioner can be granted bail but only on stringent conditions relating to return of gold ornaments and money due to the complainant.
6. Hence, the petitioner is granted bail with effect from 2.6.2014 subject to the following conditions:
a. The accused shall execute a bond for ₹2,00,000/-
(Rupees Two Lakhs only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Wednesdays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
g. The petitioner shall deposit a sum of ₹3,60,000/-
(Rupees Three Lakhs Sixty Thousand only) and also 35 sovereigns of gold ornaments belonging to the complainant before the learned Sessions Judge, Pathanamthitta District within three weeks from the date of release of the petitioner from jail. The petitioner will file undertaking affidavit regarding the same so as to get his release from jail.
Sd/- N.K.BALAKRISHNAN, J UDGE.
Jvt