Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF OCTOBER 2023 / 9TH KARTHIKA, 1945 BAIL APPL. NO. 5209 OF 2023 CRIME NO.464/2022 OF SANTHANPARA POLICE STATION, IDUKKI IN S.C.NO.476/2022 ON THE FILES OF THE SPECIAL COURT FOR TRIAL OF OFFENCES UNDER THE PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT, DEVIKULAM PETITIONERS/ACCUSED NOS. 1 TO 3:
1 SUGANDH AGED 19 YEARS S/O SUBRAMANIAN, C/O SUMATHY, PALAM BHAGOM, POOPPARA, FROM PUTHIYA COLONY, VALAVOOR KARA, THIRUNELVELI DISTRICT, TAMIL NADU, PIN - 685613 2 SIVAKUMAR AGED 20 YEARS S/O MUTHAYYA, C/O MANIMALA, POOPPARA COLONY, POOPPARA P.O., IDUKKI FROM KALIYAMMAN KOVIL STREET, DHARMATHUVETTIYIL, BODINAIKANUR, TAMIL NADU, PIN - 685619 3 SHAMUEL AGED 20 YEARS S/O PALANIKUMAR, HOUSE NO.1/162, LAKSHAMVEEDU COLONY, POOPPARA P.O., IDUKKI DISTRICT, PIN - 685619 BY ADV LATHEESH SEBASTIAN -:2:-
RESPONDENT/STATE & VICTIM: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 2 XXXX, VICTIM (MINOR) REPRESENTED BY HR FATEHR YYYY BY ADV. K.AMMINIKUTTY, SENIOR PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
-------------------------------------- --------------------------------------- Dated this the 31st day of October, 2023
ORDER
This is the third application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioners are accused Nos. 1 to 3 in Crime No.464/2022 of
Santhanpara Police Station, Idukki District, alleging offences punishable under Sections 376(3), 376DA of the Indian Penal Code, 1860, apart from Sections 3(a) r/w Section 4(2) and 5(g) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012, which is now pending as S.C.No.476/2022 on the files of the Special Court for trial of offences under the Protection of Children from Sexual Offences Act, 2012, Devikulam.
3. According to the prosecution, petitioners along with the 4 th accused committed gang rape on a minor victim aged 15 years on 29.05.2022. Petitioners were arrested on 30.05.2022 and has been in custody since then.
4. Sri. Latheesh Sebastian, the learned counsel contended that, petitioners have been in custody from 30.05.2022 till date and that -:4:-
there is no possibility of an immediate trial, considering the various circumstances including large pendency of cases before the Special Court. It was further submitted that, petitioners are only teenagers and the long period of detention already undergone, should persuade this Court to release them on bail. It was further submitted that, even though the earlier applications were dismissed by this Court, more than eleven months have elapsed since the last order and therefore, petitioners ought to be released, especially since, they are willing to abide by any conditions that may be imposed upon them.
5. Smt. K.Amminikutty, the learned Senior Public Prosecutor
opposed the application and pointed out that, the allegations against the petitioners include gang rape of a minor victim and that all of them hail from out of the State and hence, they will abscond immediately, if released on bail. Considering the nature of offence alleged, it was submitted that, this Court ought not grant bail.
6. When the bail applications came up for consideration earlier,
this Court had sought for a report from the Special Court, as to the possibility of completing the trial expeditiously. By communication dated 27.07.2023, it was informed that, the report of the Forensic Science Laboratory has not yet been received and that once the said report is received, the trial can be completed within a period of four
-:5:- months. It was further pointed out that, there are 28 witnesses to be examined by the prosecution as per the final report filed and that five of them are from outside Kerala.
7. On receipt of the report from the Special Court, the learned
Public Prosecutor was directed to get instructions regarding the time line required for obtaining the report from the Forensic Science Laboratory. It has now been submitted that, the report dated 26.10.2023 has already been forwarded by the Director of Forensic Science Laboratory to the Sessions Court, Thodupuzha.
8. The nature of allegations against the petitioners are serious,
especially since, they are alleged to have committed gang rape on the victim who is a minor. Though petitioners deny the allegations against them, the circumstances reveal that, while she was walking through the road, she was pulled into a tea estate allegedly by the accused and all of them committed the heinous crime of gang rape. The victim was only 15 years at that time. Considering the nature of allegations including the possibility of the accused absconding, I am of the view that, this is not a fit case where the accused could be released on bail.
9. Since the accused are teenagers, the case requires to be dealt with expeditiously. Now that the report from the Forensic Science Laboratory has already been forwarded to the Trial Court, this -:6:- Court is of the view that, the trial must be expedited and completed at the earliest, in a time bound manner.
10. Taking note of the entire circumstances, this Court is of the
opinion that, though the accused are not entitled to be released on bail at this juncture, the trial must be expedited by the Special Court and be completed, as expeditiously as possible, at any rate, on or before 31.01.2024. Registry shall communicate the direction to expedite the trial to the Special Court immediately. In case there is any delay in concluding the trial of the case, not attributable to the accused, then they will be at liberty to apply for bail afresh. Bail application is dismissed with the above directions. Sd/- BECHU KURIAN THOMAS JUDGE jka/31.10.23.