Vysakh @Achu vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Jun 26, 2023

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Citation: sooperkanoon.com/1366254
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice Ziyad Rahman a.a.
Decided On: Jun 26, 2023
Case Number: Bail Appl./4582/2023

Parties & Advocates

Appellant / Petitioner

Vysakh @Achu

Respondent

State of Kerala

Excerpt

.....alleged against the petitioner, and another accused are under sections 450, 376d and 506(ii) of ipc.2. the prosecution case is that on 19.05.2023 at around 12p.m., the petitioner, along with the 2nd accused, trespassed into the house of the defacto complainant and committed rape on her after threatening that nude photographs of the defacto complainant, which were in his possession would be published. the crime was registered in such circumstances, and as part of the investigation, the petitioner was arrested on 23.05.2023. this application for regular bail is submitted in such circumstances.3. heard both sides.4. the learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. according to him, even going by the statement of the victim, it is evident that the nudephotographs were sent by the victim personally, without compulsion, and there is no dispute as to the relationship between the petitioner and the defacto complainant. now the petitioner has been in custody since 23.05.2023, and there is substantial progress in the investigation, and hence there is no purpose in keeping the petitioner under detention. the petitioner is ready and willing to cooperate with the investigation and shall abide by any conditions this court may impose.5. on the other hand, the learned public prosecutoropposes the said application vehemently. the copies of the statements of the victim given before the police and the learned magistrate under section 164 were also made available before this court for perusal. by placing reliance upon the contents of the same, it was submitted by the learned public prosecutor that the petitioner, while going to the house of the victim, had taken the 2 nd respondent also with him, and the rape was committed by both of them. in such circumstances, the contention as to the relationship between the parties cannot be taken into consideration. the matteris under investigation, and therefore dismissal of the bail.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 CRIME NO.681/2023 OF KUNNAMKULAM POLICE STATION, THRISSUR DISTRICT APPLICANT/ ACCUSED NO.1: VYSAKH @ACHU AGED 19 YEARS S/O. RAJESH, KUNNATH HOUSE, CHERUTHURUTHY DESOM, CHERUTHURUTHY VILLAGE, THRISSUR DISTRICT, PIN - 679531 BY ADVS. NIKITA J. MENDEZ P.M.RAFIQ AJEESH K.SASI M.REVIKRISHNAN SRUTHY N. BHAT RAHUL SUNIL SRUTHY K.K P.VIJAYA BHANU (SR.) RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR ADV C S HRITHWIK - SR PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 26.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

This is an application submitted under section 439 of the Cr.P.C for bail. The petitioner is the accused No.1 in Crime No.681/2023 of Kunnamkulam Police Station. The offences alleged against the petitioner, and another accused are under Sections 450, 376D and 506(ii) of IPC.

2. The prosecution case is that on 19.05.2023 at around 12

p.m., the petitioner, along with the 2nd accused, trespassed into the house of the defacto complainant and committed rape on her after threatening that nude photographs of the defacto complainant, which were in his possession would be published. The crime was registered in such circumstances, and as part of the investigation, the petitioner was arrested on 23.05.2023. This application for regular bail is submitted in such circumstances.

3. Heard both sides.

4. The learned counsel for the petitioner submits that the petitioner is innocent of all the allegations. According to him, even going by the statement of the victim, it is evident that the nude

photographs were sent by the victim personally, without compulsion, and there is no dispute as to the relationship between the petitioner and the defacto complainant. Now the petitioner has been in custody since 23.05.2023, and there is substantial progress in the investigation, and hence there is no purpose in keeping the petitioner under detention. The petitioner is ready and willing to cooperate with the investigation and shall abide by any conditions this Court may impose.

5. On the other hand, the learned Public Prosecutor

opposes the said application vehemently. The copies of the statements of the victim given before the Police and the learned Magistrate under Section 164 were also made available before this Court for perusal. By placing reliance upon the contents of the same, it was submitted by the learned Public Prosecutor that the petitioner, while going to the house of the victim, had taken the 2 nd respondent also with him, and the rape was committed by both of them. In such circumstances, the contention as to the relationship between the parties cannot be taken into consideration. The matter

is under investigation, and therefore dismissal of the bail application was sought.

6. I have gone through the records. One of the contentions

raised by the learned counsel for the petitioner is that the victim herself sent nude photographs to the petitioner. However, it is evident from the statement that it was procured by the petitioner much after persuasion, and after receipt of the same, he allegedly used to threaten the victim by stating that the same would be published. Forceful sexual intercourse was also made on the date of

occurrence under the said threat. Even though the relationship between the petitioner and the victim was highlighted as one of the grounds by the learned counsel for the petitioner, the impression that could be gathered from the reading of the statement of the victim is otherwise. The fact that the victim was subjected to rape by two persons defeats the aforesaid contention.

Thus, when all the aforesaid aspects are taken into consideration, I am of the view that this is not a fit case in which bail can be granted at this stage. The matter is under investigation; therefore, I do not find any justifiable reason to grant bail to the petitioner. Accordingly, this bail application is dismissed. Sd/- ZIYAD RAHMAN A.A. JUDGE scs

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