Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 21ST DAY OF JULY 2022 / 30TH ASHADHA, 1944 AGAINST THE ORDER/JUDGMENTCRMP 841/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AG PETITIONER/S: SEMIN AGED 35 YEARS S/O.ABDUL KHADAR, VALLICHIRA VEEDU, KARAVAIKONAM, NAVAIKULAM P.O, THIRUVANANTHAPURAM DISTRICT , PIN - 695603 BY ADVS. K.SIJU S.ABHILASH ANJANA KANNATH T.S.SREEKUTTY RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 STATION HOUSE OFFICER KALLAMBALAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT , PIN - 695605 3 XXX XXX, PIN - 695589 OTHER PRESENT: PP SRI.NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
======================== B.A.No.4976 of 2022 ------------------------------------------------ Dated this the 21st day of July, 2022
ORDER
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 2nd accused in Crime No.23/2022 of
Kallambalam Police Station, Thiruvananthapuram. The offences alleged against the petitioner are punishable under Sections 447, 354-C, 342, 366, 323, 376, 376(2)(n) 376D and 506 of the Indian Penal Code, 1860, Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Sections 4, 3(a), 6(l), 5(l)(g) of the Protection of Children from Sexual Offence Act, 2012.
3. According to the prosecution, petitioner along with the 1 st
accused committed gang rape on the survivor, aged 17 years repeatedly on several days. It was further pointed out that the survivor belongs to the Scheduled Caste community and she was abducted by the accused for the purpose of committing penetrative sexual assault during the period from 26.07.2021 to 30.08.2022.
4. Sri.Siju Kamalasanan, learned Counsel submitted that petitioner is innocent of the crime and that he is falsely implicated.
5. Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the
grant of bail and submitted that the allegations against the petitioner is heinous in nature and that the 1st accused along with the petitioner committed gang rape on the victim repeatedly. It was further submitted that despite the filing of the final report there is every chance that the petitioner may influence the witnesses and it would cause prejudice to the prosecution case during trial.
6. I have considered the rival contentions. Petitioner is the 2 nd
accused. As per the statement given by the victim, she was repeatedly subjected to gang rape during the period from 26.07.2021 to 30.08.2021. Thereafter, when the accused started diverting their attention towards the sister of the survivor, she informed the heinous conduct of the petitioner and the 1st accused to her mother, pursuant to which crime was registered.
7. Taking note of the young age of the survivor as well as the
community she belongs, I am of the view that releasing the petitioner at this stage would prejudice the prosecution case at the time of the trial, since there is every chance for the petitioner to influence the survivor and other witnesses. Petitioner is not entitled to be released on bail In view of the above, I find no merit in this application and it is accordingly dismissed. sd/ BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF BAIL APPL. 4976/2022 PETITIONER ANNEXURES Annexure3 THE CERTIFIED COPY OF ORDER IN CRL.M.P NO.841/2022 ON THE FILE OF ADDL. SESSIONS COURT TRIAL OF CASES RELATING TO ATROCITIES AND SEXUAL VIOLENCE AGAINST WOMEN AND CHILDREN, THIRUVANANTHAPURAM DATED 28.4.2022