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2020 Supreme(Ker) 856

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
X – Appellant
Versus
State Of Kerala – Respondent
Crl.M.C Nos.4603, 4630, 4638 & 4644 of 2020
Decided on : 07-12-2020

Advocates:
Advocate Appeared:
For the Appellant : SRI.S.RAJEEV, SRI.K.K.DHEERENDRAKRISHNAN, SRI.V.VINAY, SRI.K.ANAND (A-1921)
For the Respondent: SRI.SALIM V.S., SRI.P.E.SAJAL, SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

Important points:
The inherent extra ordinary powers conferred on this Court under Sec.482 of the Cr.P.C. could be invoked in these cases, as the impugned orders are only to be viewed as illegal, improper and perverse, as the very decision making process on the basis of which the said impugned orders have been rendered, are so vitiated

Headnote:

The Indian Penal Code- Secs.376(2)(n), 506 & 34- SIT should seek the assistance of the Cyberdome Unit or Hi-Tech Cell of the State Police agency-Competent police officials concerned to examine all those issues and act in accordance with law, so that the basic task of the investigating agency so as to ferret out the truth of the matter is discharged by them in a fair and efficient manner

Statement of facts:

Criminal Miscellaneous Cases have been filed under Sec.482 of the Cr.P.C seeking to set aside the anticipatory bail orders granted by the Sessions Court, Kasaragod on 18.09.2020 to the 2nd respondent/accused concerned in respect of their involvement in each of the four separate crimes registered against them by the Kasaragod BEKAL Police Station for various offences as per Secs.376(2)(n), 506 & 34 of the Indian Penal Code- Annexure-4 allowing the anticipatory plea of each of these respondent/accused persons concerned, that is under challenge in these petitions filed under Sec.482 of the Cr.P.C

Finding of the court:

The impugned orders dated 18.9.2020 rendered by the Sessions Court, Kasargod, on Crl.M.P. Nos. 1217, 1218, 1220 & 1219 of 2020 will stand set aside and quashed. Consequently, it is ordered that the said Crl.M.P. Nos. 1217, 1218, 1220 & 1219 of 2020 will stand remitted to the court below concerned for consideration and decision afresh. Since the impugned orders dated 18.9.2020 granting bail has thus been quashed and set aside, needless to say, all consequential steps taken in pursuance thereof, like execution of bail bonds etc, will also stand cancelled and rescinded.

Result: Criminal Miscellaneous Cases disposed of.

ORDER :

The afore captioned four Criminal Miscellaneous Cases have been filed under Sec.482 of the Cr.P.C seeking to set aside the anticipatory bail orders granted by the Sessions Court, Kasaragod on 18.09.2020 to the 2nd respondent/accused concerned in respect of their involvement in each of the four separate crimes registered against them by the Kasaragod BEKAL Police Station for various offences as per Secs.376(2)(n), 506 & 34 of the Indian Penal Code. As each of these accused person concerned were initially arrayed as accused persons in the first crime registered in relation to series of instances in question, in which accused Thufail was arrayed as accused No.2 in each of these four FIRs/crimes, have been split up later from the initial First Information Report, viz. Crime No.468/2020 of Bakel Police Station and as the incidents in these cases are now said to have close nexus with the incident in the said abovesaid first FIR in these cases and as the lady de facto complainant in each of these cases is the same person and as many of the issues raised in these petitions are common, these cases are disposed of on the basis of this common order.

2. Initially it may be pertinent to refer briefly to the facts in respect of the abovesaid first FIR, viz., Crime No.468/2020 of Bakel Police Station as well as the facts in Crl.M.C No.4603/2020, which arises out of the anticipatory bail plea granted in favour of accused No.1 in Crime No.471/2020 of Bakel Police Station, which is the subject matter of the said Crl.M.C No.4603/2020. It is to be noted that the accused No.1 in Crime No.468/2020, who is the accused No.2 in the other crimes, has not applied for or secured anticipatory bail, as he is now stated to be abroad. Initially, Annexure-I Crime No.468/2020 of Bakel Police Station was registered as against five accused persons (viz., Thufail, Asharaf, Abdul Rahiman, Muneer and Asif). The said Annexure-I FIR (referred for convenience as the first FIR) or the first crime, is stated to have been registered on 31.08.2020 on the basis of the First Information Statement given by the petitioner herein (lady de facto complainant) in respect of the alleged incidents which happened from March, 2016 onwards, etc. Later, the police authorities have split up the cases by separately registering FIR in relation to the involvements of the abovesaid A2 to A5 in the first FIR by registering Crime Nos.471/2020 (in which the abovesaid Asharaf, has been arrayed as A1), Crime No.472/2020 (in which the said Abdul Rahman has been arrayed as A1) & Crime No.473/2020 (in which the abovesaid Muneer has been arrayed as A1 therein) and Crime No.474/2020, in which the said Asif has been arrayed as A1 therein. These cases have been split up and separately registered on the basis of the same First Information Statement on the basis of which the first FIR was registered. Later it appears that 13 other crimes have also been separately registered in regard to the involvement of 13 other persons in relation to the similar allegations of rape said to have been committed against the abovesaid lady de facto complainant. It is also to be noted that the abovesaid Thufail (A1 in the first FIR), has been arrayed as A2 in each of other subsequently registered crimes. For the sake of convenience, the abovesaid Thufail will be referred for short as A2, as he has been arrayed as A2 in the abovesaid subsequently registered crimes. Whereas, each of the accused persons, who have secured anticipatory bail in these cases will be referred for short as A1 in the respective crimes concerned.

3. The brief of the prosecution case in pursuance of the abovesaid First Information Statement is that the lady de facto complainant is now aged about 25 years and that she is a married lady, who is having three children and studied upto plus two and that earlier, her husband was in Qatar and about four years back, he left his job in the Gulf country and had setup a shop near the beach of Kozhikode. It a

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