Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 21ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944 CRIME NO.166/2022 OF VANITHA POLICE STATION, KASARGODE PETITIONER/ACCUSED: SHAINITH KUMAR.J AGED 30 YEARS SON OF JAYARAMAN NAIK R/AT ARIKKALA HOUSE, PATLA, KASARAGOD DISTRICT., PIN - 671321 BY ADV VINAY M.E. RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KASARAGOD VANITHA POLICE STATION KASARAGOD DISTRICT, PIN - 671121 BY ADV PUBLIC PROSECUTOR Adv M P PRASHANTH -PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
The petitioner is the accused in Crime No.166/2022 of Kasargod Vanitha Police Station, which was registered for offences punishable under Sections 376 and 370A(2) of IPC.
2. The prosecution case is that, on 8.30 p.m. on 25.10.2022, the
accused committed rape on the defacto complainant while she was in ‘Mali Lodge’ and thereby committed the offences. The petitioner was arrested in connection with the investigation of the said case on 20.12.2022,
and since then, he has been in judicial custody. The learned counsel appearing for the petitioner submits that, the petitioner is innocent of all the allegations. According to him, even going by the FIS, no materials for attracting the offence under Section 376 are revealed, and therefore, the petitioner is entitled to get bail.
3. On the other hand, the learned Public Prosecutor would point
out that this is one of several cases in connection with the sexual exploitation of the victim in this case. The learned Public Prosecutor points out that the specific allegation against the petitioner is that he being a person having acquaintance with the victim, lured the victim and brought her to a lodge named ‘Mali Lodge’ at Kasargod and thereafter committed rape. Subsequently, she was introduced to another woman named Jasmin, who later presented the victim to several persons for sexual exploitation. Consequently, a series of cases have been registered for various offences against various persons. The learned Public Prosecutor further pointed out that the investigation in this case is in progress, and the release of the petitioner at this stage would cause prejudice to the prosecution.
4. I have gone through the records, including the First Information
Statement and the statement of the victim recorded under Section 164 of Cr.P.C. In both statements, the victim clearly mentioned the role of the petitioner. The learned counsel for the petitioner submits that the aforesaid allegations against the petitioner, even if accepted, would not make out the offence under Section 376 of Cr.P.C. I am of the view that the same cannot be considered at this stage of proceedings. This is particularly because, according to the victim, the petitioner forcibly indulged in sexual intercourse with the petitioner, and therefore, it is a matter to be
investigated. Now the investigation is in progress. Moreover, it is discernible from the statement under Section 164 of Cr.P.C. that it was the petitioner who brought the victim to the lodge, and thereafter she came in the custody of one Jasmin, who exploited her by presenting the victim to various other persons for sexual exploitation, after administering narcotic drugs.
5. Considering the totality of the circumstances, I am of the view
that this is not a case in which bail can be granted at this stage. The investigation is in progress, and I am of the view that if the petitioner is released on bail at this stage, it is likely to cause prejudice to the investigation, as contended by the learned Public Prosecutor. In such circumstances, I do not find any merit in this bail application, and accordingly, it is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs APPENDIX OF BAIL APPL. 999/2023 PETITIONER ANNEXURES Annexure1 THE COPY OF THE ORDER PASSED BY THE HON'BLE JUDICIAL FIRST-CLASS MAGISTRATE-I OF KASARAGOD IN CMP. 4515/2022 IN CRIME NO.166/2022 DATED 28-12-2022 Sealed Cover 1 THE CERTIFIED COPY OF THE FIS IN CRIME NO.166/2022 DATED 28.12.2022