Bail Granted to Accused Amidst Allegations of Financial Motive and Delay in FIR, Subject to Strict Conditions
In a significant judgment, the Kerala High Court, presided over by Justice Jobin Sebastian, has granted bail to Sreenath K.S., the petitioner accused of committing sexual offences against a minor. The case, registered under various sections of the Indian Penal Code, 1860, and the Protection of Children from Sexual Offences Act, 2012, brought forward serious allegations against the accused, including charges of penetrative sexual assault.
The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, was granted considering several factors, including the delay in lodging the First Information Report (FIR), claims of financial transactions between the accused and the victim's mother, and a lack of conclusive medical evidence. The court observed that the FIR was registered three years after the alleged incident, which raised questions about the timing and motive behind the complaint.
The accused's counsel argued that the allegations were fabricated, citing a financial dispute as the underlying cause. The petitioner claimed that the victim's mother owed him a substantial sum and had resorted to using her minor daughter to evade repayment. A cheque leaf allegedly issued by the victim's mother was produced to support this claim. However, the court noted that while the existence of financial transactions could not be ruled out, the authenticity of the evidence would require thorough examination during trial.
Despite opposing arguments from the prosecution and the victim's counsel, who highlighted the grave nature of the charges, the court emphasized that further incarceration of the petitioner would serve no purpose since the investigation had concluded and the final report submitted. The medical examination records, which indicated an intact hymen, were also considered, although the court clarified that this did not conclusively negate the allegations.
The bail was granted with stringent conditions to ensure the safety of the minor victim and prevent any potential repetition of offences. Conditions imposed include a prohibition on contacting the victim, restrictions on entering certain districts, and a ban on leaving the country without court permission. Any violation of these conditions could lead to the cancellation of bail.
This judgment underscores the complexities involved in handling cases of sexual offences, particularly those involving minors, where factors such as delay in reporting and potential ulterior motives require careful judicial scrutiny.
Bottom Line:
Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 - Allegations of sexual offences against minor - Bail granted considering delay in lodging FIR, financial transaction claims, lack of conclusive medical evidence, and completion of investigation - Bail subject to stringent conditions to mitigate potential risks.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Indian Penal Code, 1860 Sections 376(3), 354A(1)(i), 449, Protection of Children from Sexual Offences Act, 2012 Sections 8, 7, 4(1), 3(b)
Sreenath K.S. v. State of Kerala, (Kerala) : Law Finder Doc Id # 2833380
