Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1791 OF 2020 CP NO.109/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, CHALAKUDY CRIME NO.637/2019 OF Mala Police Station , Thrissur
PETITIONER/ACCUSED NO.24 VINAYAN AGED 24 YEARS S/O. VIKRAMAN, PANANGATTIL HOUSE, KALIKKAL DESOM, KODASSERY VILLAGE, CHALAKUDY TALUK, THRISSUR DISTRICT. BY ADV. SRI.N.L.BITTO RESPONDENT/STATE OF KERALA: THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, 682031. SRI.AMJAD ALI, SENIOR PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23.03.2020, ALONG WITH BAIL APPLICATION NO.1603 OF 2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR MONDAY, THE 23RD DAY OF MARCH 2020 / 3RD CHAITHRA, 1942 Bail Appl..No.1603 OF 2020 CRIME NO.637/2019 OF Mala Police Station, Thrissur PETITIONER/ACCUSED NO.22: BEHANNAN VARGHESE AGED 30 YEARS OCC. SELF EMPLOYED , S/O VARGHESE, KALLUVILAYIL HOUSE, CHENGAMANADU .P.O. PUTHENTHODU 683 578. BY ADVS. SRI.BIJU ANTONY ALOOR SRI.K.P.PRASANTH SRI.VISHNU DILEEP SHRI.ARUNRAJ S. SHRI. PRASANTH N.O. SMT.MEENU THAMPI RESPONDENT/COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, HIGH COURT P.O. ERNAKULAM DISTRICT 682 031. 2 THE STATION HOUSE OFFICER, MALA POLICE STATION, MALA P.O., THRISSUR DISTRICT 680 732. SRI.AMJAD ALI, SENIOR PUBLIC PROSECUTOR. THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 23.03.2020, ALONG WITH BAIL APPLICATION NO.1791/2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.B.SURESH KUMAR, J.
------------------------------------------------------- Bail Application Nos.1603 and 1791 of 2020 --------------------------------------------------- Dated this the 23rd day of March, 2020.
ORDER
These are applications for regular bail under Section 439 of the Code of Criminal Procedure.
2. The petitioner in Bail Application No.1603 of 2020 is
accused No.22, and the petitioner in Bail Application No.1791 of 2020 is accused No.24, in Crime No.637 of 2019 of Mala Police Station. The case aforesaid is one registered for offences punishable under Sections 370, 376, 376D and 120B of the Indian Penal Code and Sections 3(1), 3(2)(a) and 3(2)(b) of the Immoral Traffic (Prevention) Act. There are several accused in the case. The accusation against the accused is that the first accused developed acquaintance with the victim lady aged 19 years and caused her to come to a place outside her house
and had raped her with the active assistance of the the second accused. It is also alleged that later, the second accused introduced
the victim to many people through her associates and on account of the threat caused by the second accused and her associates, the victim had to undergo sexual intercourse with others on several occasions at different places against her will and without her consent. Accused Nos.22 and 24 are persons alleged to have had sexual intercourse with the victim. The petitioner in Bail Application No.1603 of 2020 was arrested on 11.02.2020 and the petitioner in Bail Application No.1791 of 2020 was arrested on 29.01.2020.
3. Heard the learned counsel for the petitioners as also the learned Public Prosecutor.
4. The learned counsel for the petitioners submitted that similarly placed accused in the case have already been enlarged on bail by this court.
5. The learned Public Prosecutor has stiffly opposed the applications.
6. As pointed out by the learned counsel for the
petitioners, it is seen that the accusation against the petitioner in Bail Application No.1791 of 2020 is that he had sexual intercourse with the victim once at a place called Poochakulam and similar is the allegation against the petitioner in Bail Application No.1603 of 2020 as well. The case set out by the petitioners in the bail applications is that they are innocent and they never had any relationship whatsoever with the
victim and they have been implicated as accused in the case solely based on the statements given by the persons involved in sex rackets. It is also seen that persons, against whom similar allegations are levelled against, have already been enlarged on bail by this court, in terms of the orders in Bail Application Nos.278 of 2020, 731 of 2020, 296 of 2020, 134 of 2020, 368 of 2020 and 397 of 2020.
7. In the circumstances, I am inclined to enlarge the petitioners in these cases on bail on the following conditions:
(i) The petitioners shall appear before the Investigating Officer concerned
on every 2nd and 4th Saturdays, at any time between 9 a.m. and 2 p.m., for the next one year and thereafter they shall continue to report before the Investigating Officer as and when directed by the said officer.
(ii) The petitioners shall not involve in any criminal offences of similar nature.
(iii) The petitioners shall fully co-operate with the investigation.
(iv) The petitioners shall not influence the witnesses or tamper or attempt to tamper with the evidence in any manner, whatsoever.
(v) The petitioners shall not enter into or reside anywhere within the territorial limits of the district, where the victim is residing, until the
conclusion of the trial process, except for the purpose of reporting before
the Police Station with regard to this crime, or any other crimes, or for attending the court in relation to this case or any other cases or for contacting the lawyer/advocate concerned. If the petitioners have any emergent and personal needs to visit the said area for temporary purpose, then they may do so, but only after getting prior permission in that regard from the Investigating Officer concerned.
(vi) The petitioners should surrender their passports before the
jurisdictional Magistrate's court with due intimation to the public prosecutor attached to the said court. This shall be done within seven days from their release and necessary documents should be submitted by them immediately thereafter before the investigating officer concerned to prove the factum that they have duly surrendered the passports before the said court. In case any of the petitioners do not have passport, then they may file affidavit before the said court regarding the said factum.
(vii) The investigating officer concerned will ensure that a woman Police
Constable (not in inform) is deputed to the residence of the lady victim once in a month for the next one year to ascertain from her, whether she or any of her family members or relatives are subjected to any threat or intimidation by the petitioners herein or their men and if anything so adverse is brought to the notice of the Investigating Officer, then the Investigating Officer shall immediately file a report along with appropriate application before the jurisdictional court below seeking cancellation of the bail granted to the accused persons and thereupon the said court will consider the said plea for cancellation bail, in which case the said court shall pass orders on that plea for cancellation of bail after hearing the accused persons concerned as well as public prosecutor.
If there is any violation of the aforesaid conditions by the petitioners, then the jurisdictional court will stand hereby empowered to consider the plea for cancellation of bail at the appropriate time. Sd/- P.B.SURESH KUMAR, JUDGE. DK