Ravi.P vs State of Kerala

RAVI.P vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 23, 2023

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https://sooperkanoon.com/case/1358620

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Citation: sooperkanoon.com/1358620
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: May 23, 2023
Case Number: Bail Appl./3578/2023

Parties & Advocates

Appellant / Petitioner

RAVI.P

Respondent

State of Kerala

Excerpt

.....police station, which was registered for the offences punishable under sections 376(2)(l)(n) of the indian penal code.3. the prosecution case is that, on 13.03.2023 at vellikoth in ajnur village, the accused trespassed into the house of the defacto complainant/victim and committed rape on her. the crime was registered based on the same, and as part of the investigation, the petitioner was arrested on 15.03.2023. since then, he has been under judicial detention. this application for regular bail is submitted in such circumstances.4. heard, sri. p.k. subhash, the learned counsel appearing for the petitioner and sri. c.s hrithwik, the learned public prosecutor appearing for the state.5. the contention put forward by the learned counsel forthe petitioner is that the petitioner is innocent of all the allegations. according to the learned counsel, the petitioner is a neighbour of the victim, and there are certain civil disputes between the family of the petitioner and the victim. according to him, the petitioner was falsely implicated in the said case consequent to the aforesaid disputes and litigation pending between the parties. the learned counsel further points out that the petitioner is prepared to abide by any conditions that may be imposed by this court, and his further incarceration is not necessary as the final report is already submitted.6. on the other hand, the learned public prosecutor would seriously oppose the said application. it is pointed out that the victim in this case is physically and mentally challenged, as she isa victim of endosulfan. the medical records indicating the disabilities of the victim were also placed before me, which would show that she is suffering from 70% brain disability (intellectual deficiency). the statement of the victim was also relied on, which would clearly indicate the forceful nature of the sexual assaultwhich are specific in nature. learned public prosecutor further points out that the investigation in this case.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 BAIL APPL. NO. 3578 OF 2023 (Crime No.350/2023 of Hosdurg Police Station) PETITIONER/ACCUSED: RAVI.P AGED 58 YEARS S/O AMBUNHI, TANUMMAL, VELESHWARAM, PULLUR VILLAGE, KASARGOD, PIN - 671531 BY ADVS. P.K.SUBHASH RAVEENA K.R. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV C S HRITHWIK -SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.350/2023 of Hosdurg Police Station, which was registered for the offences punishable under Sections 376(2)(l)(n) of the Indian Penal Code.

3. The prosecution case is that, on 13.03.2023 at Vellikoth in Ajnur Village, the accused trespassed into the house of the defacto complainant/victim and committed rape on her. The crime was registered based on the same, and as part of the investigation, the petitioner was arrested on 15.03.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

4. Heard, Sri. P.K. Subhash, the learned counsel appearing for the petitioner and Sri. C.S Hrithwik, the learned Public Prosecutor appearing for the State.

5. The contention put forward by the learned counsel for

the petitioner is that the petitioner is innocent of all the allegations. According to the learned counsel, the petitioner is a neighbour of the victim, and there are certain civil disputes between the family of the petitioner and the victim. According to him, the petitioner was falsely implicated in the said case consequent to the aforesaid disputes and litigation pending between the parties. The learned counsel further points out that the petitioner is prepared to abide by any conditions that may be imposed by this Court, and his further incarceration is not necessary as the final report is already submitted.

6. On the other hand, the learned Public Prosecutor would seriously oppose the said application. It is pointed out that the victim in this case is physically and mentally challenged, as she is

a victim of Endosulfan. The medical records indicating the disabilities of the victim were also placed before me, which would show that she is suffering from 70% brain disability (Intellectual deficiency). The statement of the victim was also relied on, which would clearly indicate the forceful nature of the sexual assault

which are specific in nature. Learned Public Prosecutor further points out that the investigation in this case is completed, and the final report has been filed, but as the petitioner is the neighbour of the victim, the chances of influencing the witness are very high. Therefore, the release of the petitioner on bail is stoutly opposed.

7. I have gone through the records and heard the

contentions raised from both sides. As rightly pointed out by the learned counsel for the petitioner, the statements of the victim indicate forceful sexual intercourse at the instance of the petitioner herein. The victim is a physically challenged woman, and evidently, the allegation is that the petitioner exploited the situation as the victim was alone in the house at the relevant time.

8. After considering the nature of the allegations raised against him and the gravity thereof, I am of the view that the bail

cannot be granted to the petitioner at this stage. Indeed, the investigation in this case has been completed, and the final report has been submitted. However, the fact remains that the petitioner is a neighbour, and the chances of influencing the witnesses, in case he is released on bail, cannot be ruled out. In such circumstances, I do not find any merits in this bail application, and accordingly, it is dismissed. Sd/- ZIYAD RAHMAN A.A JUDGE rpk APPENDIX OF BAIL APPL. 3578/2023 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE ORDER DATED 21.03.2023 IN CMP NO.1347/2023 IN CRIME NUMBER 350 OF 2023 OF HOSDURG POLICE STATION, KASARAGOD DISTRICT ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS -I, HOSDURG

Same Court & Year Kerala Orders · 2023 Same Parties RAVI.P vs State of Kerala Same Judge Honourable Mr.Justice Ziyad Rahman a.a.