Rajesh, vs State of Kerala,

Type Court Judgment Court Kerala Orders Decided May 25, 2023

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Citation: sooperkanoon.com/1359498
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: May 25, 2023
Case Number: Bail Appl./3769/2023

Parties & Advocates

Appellant / Petitioner

Rajesh,

Respondent

State of Kerala,

Excerpt

.....sections 324, 354, 354a(i), 376, 376(2)(k) and 376(2)(n) of the indian penal code, 1860.3. the prosecution case is as follows: the petitioner, theowner of a professional dance group, used to conduct various dance events all over the world. the defacto complainant worked as a dance teacher in the dance group. it is alleged that during the period from 09.04.2022 to 04.03.2023 the petitioner sexuallyassaulted the defacto complainant. it is also alleged that on 03.11.2022 at q-one plazza at pallimukku, she was subjected to rape, and it is further alleged that, while the defacto complainant was returning after the dance programme from karunagapply at 11.00 p.m, the defacto complainant was assaulted with a soda bottle. there is also an allegation to the effect that, the defacto complainant was forced to consume narcotic drugs and the sexual intercourse was made under that influence. the crime wasregistered in such circumstances, and as part of the investigation, the petitioner was arrested on 14.04.2023 since then, he has been under judicial detention. this bail application is submitted in such circumstances.4. heard, sri.arun francis, the learned counsel for the petitioner and smt.seetha.s., learned public prosecutor for the state.5. the learned counsel for the petitioner submits that, thepetitioner is innocent of all the allegations. the sexual intercourse was consensual. it is pointed out that under no circumstances any culpability could be attributed against the petitioner so as to attract the offences alleged against him. the petitioner further points out that he is prepared to abide by any conditions that may be imposed by this court and shall cooperate with the investigation.6. on the other hand, the learned public prosecutor wouldoppose the aforesaid allegations. it is pointed out that the statement of the victim contains several incidents of sexual assaults and other physical assaults committed upon the defacto complainant. the learned public prosecutor also.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. THURSDAY, THE 25TH DAY OF MAY 2023 / 4TH JYAISHTA, 1945 BAIL APPL. NO. 3769 OF 2023 (CRIME NO 614 OF 2023 OF ERNAKULAM SOUTH POLICE STATION) PETITIONER/ACCUSED: RAJESH, AGED 44 YEARS S/O. SASIDHARAN, ALLUNGAL HOUSE, H. NO. 15/1067 NAZARETH, KOCHI, ERNAKULAM, PIN - 682002 BY ADVS. ARUN FRANCIS DEENA JOSEPH HARIKRISHNAN K. RESPONDENT/COMPLAINANT: STATE OF KERALA, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE STATION HOUSE OFFICER, ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM, PIN - 682031 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV SEETHA S - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.05.2023, 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 sole accused in Crime No. against the petitioner are punishable under Sections 324, 354, 354A(i), 376, 376(2)(k) and 376(2)(n) of the Indian Penal Code, 1860.

3. The prosecution case is as follows: The petitioner, the

owner of a professional dance group, used to conduct various dance events all over the world. The defacto complainant worked as a dance teacher in the dance group. It is alleged that during the period from 09.04.2022 to 04.03.2023 the petitioner sexually

assaulted the defacto complainant. It is also alleged that on 03.11.2022 at Q-One Plazza at Pallimukku, she was subjected to rape, and it is further alleged that, while the defacto complainant was returning after the dance programme from Karunagapply at 11.00 p.m, the defacto complainant was assaulted with a soda bottle. There is also an allegation to the effect that, the defacto complainant was forced to consume narcotic drugs and the sexual intercourse was made under that influence. The crime was

registered in such circumstances, and as part of the investigation, the petitioner was arrested on 14.04.2023 since then, he has been under judicial detention. This bail application is submitted in such circumstances.

4. Heard, Sri.Arun Francis, the learned counsel for the petitioner and Smt.Seetha.S., learned Public Prosecutor for the State.

5. The learned counsel for the petitioner submits that, the

petitioner is innocent of all the allegations. The sexual intercourse was consensual. It is pointed out that under no circumstances any culpability could be attributed against the petitioner so as to attract the offences alleged against him. The petitioner further points out that he is prepared to abide by any conditions that may be imposed by this Court and shall cooperate with the investigation.

6. On the other hand, the learned Public Prosecutor would

oppose the aforesaid allegations. It is pointed out that the statement of the victim contains several incidents of sexual assaults and other physical assaults committed upon the defacto complainant. The learned Public Prosecutor also made available the statement of the victim for perusal.

7. I have gone through the records and heard the

contentions raised from both sides. On careful scrutiny of the statement of the victim, it can be seen that there are several instances of sexual assaults as well as the physical assaults, specifically mentioned therein. The aforesaid allegations include forceful administration of narcotic drugs and sexual assault. After carefully going through the contents of the statement

of the victim and other relevant aspects, I am of the view that, the release of the petitioner at this stage on bail is likely to affect the ongoing investigation. Now, the investigation appears to be at a preliminary stage, and therefore, I do not find any legal justification to consider the prayer sought by the petitioner at this juncture. Therefore, this bail application is dismissed.

Sd/- ZIYAD RAHMAN A.A. JUDGE rpk APPENDIX OF BAIL APPL. 3769/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF HTE ORDER IN CMP NO HONOURABLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S (E O )COURT, ERNAKULAM

Annexure A1            TRUE COPY OF HTE CRL M C NO 1224/2023
                       BEFORE   THE   HONOURABLE   DISTRICT   AND
                       SESSIONS     COURT,    ERNAKULAM     DATED

05.05.2023.

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