Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA WEDNESDAY, THE 29TH DAY OF SEPTEMBER 2021 / 7TH ASWINA, 1943 BAIL APPL. NO. 1693 OF 2021 CRIME NO.104/2021 OF POOYAPPALLY POLICE STATION, KOLLAM PETITIONER/ACCUSED: MOHAMMED AJMAL AGED 20 YEARS SON OF NAZARUDHEEN KATTUVILA VEEDU KAVALAYOOR P.O, THIRUVANANTHAPURAM THIRUVANANTHAPURAM, PIN - 695144 BY ADV P.N.SUKUMARAN RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 SUB INSPECTOR OF POLICE, POOYAPALLY POLICE STATION , KOLLAM PIN - 691537 3 SUB INSPECTOR OF POLICE KADAKKAVOOR POLICE STATION, THIRUVANATHAPURAM THIRUVANANTHAPURAM, PIN - 695309 OTHER PRESENT: PP.C.N PRABHAKARAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Petitioner is the 4th accused in crime No.104/2021 of Pooyappalli Police Station, Kollam, which is registered for the offences punishable under Sections 57(1) (A) of K.P Act and later the Section was altered to 363, 366(A), 370(4), 376, 376(D), 506(1), 34 IPC and Section 3(a) r/w.4, 5 (g) r/w. 6, 12 r/w. 11, 16 r/w. 17 of POCSO Act.
2. It is alleged that when it was found that the minor
daughter of the defacto complainant is missing at about 15.00 hours on 29.01.2021 from her residence, complaint was filed by her mother under Section mother u/s.57(1)(A) of the K.P. Act. Thereafter on investigation it has come out that the victim girl was kidnapped by Noufal, Sajad an autorickshaw driver from Kundara, Pallimukku, Kollam to a house at Varkala, Thiruvananthapuram and she was subjected to gang rape.
3. The learned Public Prosecutor on instruction submitted that the 164 Cr.P.C. Statement of the victim has been taken and medical examination of the victim was also conducted, in which,
it has come out that the victim girl has been subjected to rape. In the report filed by the Inspector of Police, Pooyappalli Police Station, it is stated that the role of the petitioner has also come out and he has been arrayed as the 4th accused in the above crime. Accused Nos.1 to 3 were already arrested. The investigation is at the initial stage. In view of the serious nature of the offence alleged to have been committed by the petitioner, custodial interrogation would be necessary. It is further contended that the potency test also has to be conducted. Hence he strongly objects in granting pre-arrest bail to the petitioner.
4. In the 164 statement of the victim, produced from the
side of the respondents-State, she has narrated about the incident and involvement of certain persons. Act of commission of rape also revealed. In view of the serious nature of the offence alleged to have been committed by the petitioner, custodial interrogation of the petitioner is necessary. For the potency test, the presence of the petitioner is absolutely necessary. So granting pre-arrest bail in such grievous offences, that too against a minor girl, would give a wrong message to the society and it would definitely result in taking such offences lightly and repeating such acts. So at any rate, I do not think that this is a fit
case to release the petitioner on pre-arrest bail. In the result, bail application dismissed. Sd/- M.R.ANITHA shg JUDGE