Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 30TH DAY OF JANUARY 2019 / 10TH MAGHA, 1940 CRL.A.No. 64 of 2019 AGAINST THE ORDER DATED 5.1.2019 IN CRL.MP NO.4564/2018 ON THE FILES OF THE 1ST ADDITIONAL SESSIONS COURT, THRISSUR CRIME NO.1140/2018 OF PERAMANGALAM POLICE STATION, THRISSUR
APPELLANT/PETITIONER/7TH ACCUSED: JEROM JOHN PETER, AGED 18 YEARS, S/O.JOHN PETER, PZHIYIL HOUSE, AYYAPPANKAVU P.O., THRISSUR. BY ADVS. SRI.LINDONS C.DAVIS SMT.E.U.DHANYA RESPONDENT/RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY SR. PUBLIC PROSECUTOR MR. AMJAD ALI THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 30.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: CRL.A.64/2019 2
JUDGMENT
This appeal under Section 14A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended has been preferred by the appellant being aggrieved by the order dated 5.1.2019 passed by the learned Sessions Judge in Crl.M.P. No.4564/2018, whereby the court below has dismissed the bail application filed on his behalf.
2. Records reveal that the appellant herein was arrested
on 12.12.2018 in Crime No.1140 of 2018 registered at the Peramangalam Police Station, Thrissur District, for having committed offences punishable under Sections 376(1), 376(2) (n), 363, 354, 370(4)(5), r/w Section 34 of the IPC, Sections 3 r/w 4, 5 r/w 6, 9, r/w 10, 18 of 7 of Protection of Children from Sexual Offences Act, 2012 and Sections 3(1)(w)(i) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 as amended.
3. It appears that the name of the appellant finds a place in three crimes registered at the Peramangalam Police Station, which involve acts of sexual abuse committed on minor CRL.A.64/2019 3
girls by three young men. In addition to the subject crime, the appellant is also the accused in Crime Nos.1141 of 2018 and 1162 of 2018 of the Peramangalam Police Station registered on identical allegations.
4. According to the prosecution, on 7.2.2018, a
complaint was lodged by a man claiming that his minor daughter aged 17 years was found missing from his home. Initially a crime was registered under Section 57 of the Kerala Police Act, 2011. Investigation revealed that his daughter had gone with another girl. The girls were traced out and when they were questioned, they disclosed that she along with her friend had gone with three named boys and they were taken to the house of the appellant. He is alleged to have facilitated the accused to sexually abuse the girls. The girls were then taken to another group of boys to Ernakulam and a room was taken in a lodge. The girls were subjected to sexual abuse there as well. Later, they were taken to a lodge at Guruvayoor, where they are alleged to have stayed. During their stay there, another group of boys subjected them to sexual abuse. Based on the above
CRL.A.64/2019 4 disclosure, the sections were altered and graver crimes were incorporated. In addition to that, two more crimes were registered as above, wherein the offences alleged are similar.
5. The learned counsel appearing for the appellant
submitted that the only allegation is that the appellant had provided space for his friends and that he had abetted his acts. It is pointed out that the appellant is a boy aged 18 years and he is staying with his parents. He further contended that the allegation of sexual abuse has been levelled against the rest of the accused. He would further submit that the appellant has been undergoing incarceration from 12.12.2018 and prays that he be released on bail.
6. I have heard the learned Public Prosecutor and have gone through the case diary.
7. As rightly submitted by the learned counsel, there is
no case for the prosecution that the appellant herein had subjected any of the victims to sexual abuse. At the most, it can be said that he had aided and abetted their acts. In view of CRL.A.64/2019 5 the above, I do not think that his further detention is required in the instant case.
In the result, this appeal is allowed. The order
passed by the learned Sessions Judge is set aside. The appellant shall stand released on bail on his executing a bond for a sum of Rs.50,000/- with two solvent sureties for the like sum to the satisfaction of the court below, which shall be subject to the following conditions: 1). The appellant shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 11 a.m., for two months or till final report is filed, whichever is earlier. 2). He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. 3). He shall not commit any offence while he is on bail.
In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law. Sd/- RAJA VIJAYARAGHAVAN V., JUDGE KRJ