IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 Bail Appl..No. 1524 of 2008() ----------------------------- CMP.309/2008 of J.M.F.C.-II, SULTHANBATHERY CRIME NO.24/08 OF PULPALLY POLICE STATION .................... PETITIONER/ACCUSED ----------------------------------- JAYAKANTHAN, AGED 32 YEARS, S/O. SHIGILI, RESIDING AT PALLIKKAL HOUSE, MEENAMKOLLY COLONY, PULPALLY AMSOM, PULPALLY. BY ADV. SRI.P.DALBI EMMANUEL RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REP. BY THE POLICE INSPECTOR, PULPALLY POLICE STATION, IN CR.NO.24/2008. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- B.A. No. 1524 of 2008 ------------------------------------------------- Dated this the 12th day of March, 2008 ORDER Application for regular bail. The petitioner is the step father of the victim - girl aged about 13 years. The crux of the allegations is that the petitioner, who was living with the mother of the child whose father had deserted her mother earlier, had compelled his step-daughter – the victim, to have sexual intercourse with him on a couple of occasions earlier. 2. The said girl was found missing from 12/1/08. Later, Crime No.15/08 was registered under the caption “girl missing”. It was evident that the girl had eloped with a boy friend of hers. She was traced and brought down. She gave a version that she was compelled to go away along with the said boy because of the ill-treatment, indecent assault and rape on the part of the petitioner – her step father. Her statement was B.A. No. 1524 of 2008 -: 2 :- recorded. In that statement she revealed the earlier instances of sexual intercourse by her step father with her without her consent. That crime was registered on 19/1/08. The petitioner was arrested on 18/2/08. He continues in custody from that date. 3. The learned counsel for the petitioner submits that the petitioner is absolutely innocent. The petitioner and his wife i.e., the mother of the child, were not in favour of her relationship with this boy friend of hers with whom she eloped. They had taken objections to such relationship. Ignoring their objections, she had eloped with the boy. On the complaint of the parents, a crime was registered and the girl and the boy were traced. They were obliged to give the version which exculpated them and laid the blame at the door of some others. It is in this anxiety of theirs to save their skin and to explain their conduct of running away from her mother that a false version was invented and the allegation was raised that at some earlier point of time – on more occasions than one, the step father had compelled the victim - girl to have sexual intercourse with him. The allegations are raised mala fide. The petitioner has endured the trauma of arrest and detention from 18/2/08. In any view of the matter, the petitioner does not deserve to be incarcerated B.A. No. 1524 of 2008 -: 3 :- any longer on such allegations. He may now be enlarged on bail, it is prayed. 4. The learned Public Prosecutor opposes the application. The learned Public Prosecutor submits that the available inputs point to the complicity of the petitioner. The learned Public Prosecutor, in particular, relies on the complaint made by the girl to the neighbours about the improper/indecent behaviour of her father towards her. The learned Public Prosecutor, in these circumstances, submits that the petitioner may not be granted regular bail at this juncture. Investigation is not complete. Investigator need some further time to complete the investigation, it is submitted. 5. Having considered all the relevant inputs, I am satisfied that the petitioner can now be directed to be released on bail subject to the condition that the Investigator is granted reasonable further time to complete the investigation. 6. In the result: (a) This application is allowed. The petitioner shall be released on bail on the following terms and conditions: (i) The petitioner shall not be released from custody on the strength of this order prior to 22/3/08. The Investigator shall, in the meantime, make every endeavour to complete the B.A. No. 1524 of 2008 -: 4 :- investigation. (ii) The petitioner shall execute a bond for Rs.50,000/- with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. (iii) The petitioner shall make himself available for interrogation before the Investigating Officer on all Mondays and Fridays between 10 a.m. and 12 noon for a period of two months and thereafter as and when directed by the Investigating Officer in writing to do so. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge