Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH WEDNESDAY, THE 29TH DAY OF MARCH 2023/ 8TH CHAITHRA, 1945 BAIL APPL. NO. 2462 OF 2023 CRIME NO.48/2023 OF PARAPANAGADI POLICE STATION, MALAPPURAM PETITIONER/ACCUSED NO.2:
SAHEER AGED 32 YEARS, S/O SAIDALAVI, AALIKKANTEKATH HOUSE, NEDUVA POST, MALAPPURAM DISTRICT, PIN - 676 303 BY ADVS. P.C.MUHAMMED NOUSHIQ JAHANA SHERIN.K RESPONDENT/STATE: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031 BY ADV SRI.C.S.HRITHWIK - SR.PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
ORDER
Dated this the 29th day of March, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the accused No.2 in Crime
No.48/2023 of Parapanagadi Police Station, Malappuram. The offences alleged are punishable under Sections 366, 376 (i), 376 (2), (n), 376 D and 354 r/w 34 of the IPC.
3. The prosecution case, in short, is that on 21.12.2022
at about 10.45 p.m, the applicant and the accused No.1 took the victim in an auto rickshaw to a room near to a mosque building and committed rape on her several times and, at the said room, accused No.3 outraged her modesty by touching her breast. Thereafter, the applicant and accused Nos.1 and 3 took the victim in an auto rickshaw and on the way, the accused Nos.1 and 3 got down from the auto rickshaw and the applicant made her to do oral sex from the auto rickshaw and thereby committed the offences.
4. I have heard Sri.P.C.Muhammed Noushiq, the learned counsel for the applicant and Sri.C.S.Hrithwik, the ..3.. learned Senior Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that
the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
6. The applicant was remanded to judicial custody on
29.12.2022. A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it prima facie shows a premeditated criminal act on his part. It is true that the investigation is over and the final report has been filed. The allegation against the applicant and the remaining accused is serious in nature. It is the applicant, who took the victim for the first time in an auto rickshaw from the railway station along with the accused No.1. Thereafter, several persons committed rape on the victim, who is a disabled person.
Considering the nature of the crime, how the petitioner is ..4.. alleged to have complicity in it, and the facts and circumstances mentioned above, I am of the view that the applicant cannot be released on bail at this stage. The bail application, accordingly, is dismissed. Sd/- DR.KAUSER EDAPPAGATH, JUDGE ded/29.03.2023