Petitioner is the sole accused in Crime No.1327 of 2014 of Vaikom Police Station, Kottayam district registered for offences under Sections 354 and 506(i) of Indian Penal Code and Sections 7 and 8 of the Protection of Children from Sexual Offences Act. 2. The gist of the prosecution allegation is that the informant's minor daughter Anitha, who is aged 13 years, was sexually abused by the petitioner at about 7 p.m on 22.04.2014 at her residence at Vechur village and that after the occurrence, the petitioner had threatened her that she will face the consequences if she would reveal the incident to anybody else. According to the prosecution, the child, hearing the above said threat, did not divulge the same for four months and the same was disclosed to her class teacher only on 11.08.2014. The statements collected by the Child Welfare Committee from the child reveals that the petitioner has been indulging in this sexual abuse of the child for quite some time before the above said incident.
B.A No.7360 of 2014 2
3. The learned counsel for the petitioner would submit that these allegations are falsely foisted against the petitioner due to certain money transactions between the petitioner and the father of the minor girl.
4. The learned Public Prosecutor would submit that the petitioner and the minor girl's family are living in close neighbourhood and there is every chance of the petitioner threatening or influencing the minor girl and interfere with the investigation. It is also submitted by the learned Public Prosecutor that investigation has not been completed.
5. Having heard the submissions made by the learned counsel for the petitioner and the learned Public Prosecutor and evaluating the totality of the facts and circumstances of this case, this Court is inclined to hold that this is not a fit case for granting anticipatory bail.
Accordingly, the above application for anticipatory bail is dismissed.
Sd/-
ALEXANDER THOMAS, JUDGE.
Vdv //True Copy// P.A to Judge