VISHNU GOPINAD v. STATE OF KERALA

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY, THE 30TH DAY OF JULY 2019 / 8TH SRAVANA, 1941** **BAIL APPL.NO.5197 OF 2019** **CRIME NO.183/2019 OF MUTTOM POLICE STATION, IDUKKI** ## **PETITIONER.ACCUSED NO.1:** **VISHNU GOPINAD, AGED 27 YEARS, S/O.GOPINAD, VISHNU BHAVAN, NEAR GOVERNMENT VHSS, KANNAKKARI KANNAKKALI VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT.** **BY ADVS. SRI.ANIL K.MOHAMMED SMT.BINU K.B. SRI.P.G.GOKULNATH SRI.V.S.MANSOOR** ## **RESPONDENT/COMPLAINANT:** **STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-682031.** **SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 30.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** ## ALEXANDER THOMAS, J. ------------------------------------B.A. No. 5197 of 2019 ------------------------------------Dated this the 30[th] day of July, 2019 ## O R D E R The aforecaptioned Bail Application arises out of Crime No.183/2019 of Muttom Police Station. The petitioner herein has been arrayed as A-1 in the instant Crime No.183/2019 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 & 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 & 2 and that accused No.1 had pressed the victim's breast B.A. No. 5197 /2019 ..3.. 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 & 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 Crime No.170/2019 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 Crime No.183/2019 of Muttom Police Station in which accused Nos.1 & 2 herein have been arrayed as accused therein. B.A.No.4437/2019 is in relation to the said transferred Crime No.183/2019 of Muttom Police Station, Idukki District. It is further brought to the notice of this Court that the allegations in B.A. No. 5197 /2019 **==> picture [19 x 9] intentionally omitted <==** 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 Crime No.170/2019 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. 4. The main contention urged by Sri.Anil K.Muhamed, learned counsel appearing for the petitioner, the allegations raised as against the original A3 in the original unbifurcated Crime No.170/2019 of Idukki Police Station are pertaining to incidents which have occurred in a house in Maradu, Ernakulam district, B.A. No. 5197 /2019 **==> picture [18 x 9] intentionally omitted <==** and Crime No.170/2019 of Idukki Police Station, to the extent it pertained to the said incidents in Maradu, which are in relation to original A3, has been transferred and re-registered as Crime No.862/2019 of Maradu Police Station, in which the aforementioned original A3 has been arrayed as the A2 therein, and A1 therein is the mother of the victim girl. It is pointed out that the allegations raised as against the said A2 in the transferred Crime No.862/2019 of Maradu Police Station, are broadly similar to the one raised as against the present petitioner in the instant crime. 5. Further that the said A2 in Crime No.862/2019 of Maradu Police Station, has now been granted regular bail as per order dated 12.6.2019 in Crl.M.P. No. 514/2019 (arising out of Crime No. 862/2019 of Maradu Police Station) rendered by the Addl.Sessions Court notified to deal with POCSO Cases, Ernakulam. The said A2 in Crime No.862/2019 of Maradu Police Station, was arrested on 8.5.2019 and remanded, and consequent to the abovesaid bail order dated 12.6.2019 he has been released. Petitioner's counsel would point out that, since the allegations B.A. No. 5197 /2019 ..6.. disclosed against the petitioner are broadly similar to those as against the said accused who was also one of the accused in the original unbifurcated crime, this Court may order to release the petitioner subject to any stringent conditions since the petitioner has been under judicial custody in the present Crime No.183/2019 of Muttom Police Station, since 22.5.2019. 6. Learned Prosecutor has seriously opposed the grant of bail and has submitted that the petitioner is a very close associate of the mother of the minor victim girl, and there is strong possibility that the petitioner herein will with the active association of the mother of the victim girl (who is also an accused) as well as the other accused in the Maradu crime may influence and intimidate the witnesses including the minor victim girl in this case, etc. 7. After hearing both sides, this Court is inclined to take the view that, as regular bail has already been granted to one of the co-accused in the original unbifurcated crime, and as the allegations raised as against the said accused are broadly similar to the one raised as against the petitioner, and as the petitioner has B.A. No. 5197 /2019 **==> picture [18 x 9] intentionally omitted <==** already suffered detention in this case for the last 69 days, this Court is inclined to order release of the petitioner on regular bail, but subject to stringent conditions. 8. The apprehension raised by the prosecution regarding the serious possibility that the petitioner associating with victim girl's mother and other accused, etc to influence and intimidate the witnesses including the minor victim girl, cannot be safely ruled out by this Court. Stringent safeguards in that regard are proposed to be incorporated as conditions in the grant of bail. It is seen that the petitioner's permanent residence is in Meenachil Taluk, Kottayam District, but it is informed to this Court that now he is residing in Idukki district. Learned Prosecutor has also pointed out that now accommodated in a care centre in Idukki district. Therefore it is proposed to order that the petitioner shall not enter into or reside within the territorial limits of Idukki district until the conclusion of trial, subject to certain exceptions which will be dealt with herein after. It is also proposed to order that the petitioner shall not in any manner contact the victim girl's mother or the other accused in Crime No.862/2019 of Maradu Police Station, B.A. No. 5197 /2019 ..8.. until the conclusion of trial in this case. 9. Accordingly it is ordered in the interest of justice that, the petitioner shall be released on bail on his executing bond for Rs.40,000/- and on his furnishing two solvent sureties for the like sum, both to the satisfaction of the competent court below concerned. However the grant of bail will be subject to the following conditions:- - i. _The petitioner shall appear before the Investigating Officer on every 2[nd] and 4[th] Saturdays, at any time between 9 am and 1 pm, for a further period of 6 months, and thereafter he shall report before the Investigating Officer as and when directed by the said Officer._ - _ii. He shall not intimidate or attempt to influence the victim, witnesses; nor shall he tamper with the evidence._ - _iii. He shall not commit any offence while on bail._ - _iv. The petitioner shall not have any contact with the victim girl's mother and the accused in Crime No.862/2019 of Maradu Police Station._ - _v. The petitioner shall not go or visit anywhere near to the residence or educational institution of the minor victim girl._ - vi. _The petitioner shall not enter into or reside within the territorial limits of the district where the minor victim girl is residing or studying, until the conclusion of trial, except for the limited purpose of reporting before the Investigating Officer concerned in this crime or any other crimes, or for_ B.A. No. 5197 /2019 ..9.. _attending to the Court in relation to this case or any other cases or for contacting his lawyers/advocates concerned._ - _vii. However if on account of any emergent personal need the petitioner wants to visit the said area, he may do so but only with the prior permission of the Investigating Officer concerned._ If there is any violation of the abovesaid conditions by the petitioner then the jurisdictional court concerned shall stand hereby empowered to consider the plea for cancellation of bail if required, and pass appropriate orders in accordance with law. With these observations and directions, the above Bail Application will stand disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG