Back
2024 Supreme(Online)(KER) 11438
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TH TUESDAY, THE 9 DAY OF JANUARY 2024 / 19TH POUSHA, 1945 BAIL APPL. NO. 11509 OF 2023 CRIME NO.1655/2023 OF KOTTIYAM POLICE STATION, KOLLAM AGAINST THE ORDER DATED 14.12.2023 IN CRL.M.C.2550/2023 OF SESSIONS COURT, KOLLAM PETITIONER/ACCUSED:
RASHID, AGED 38 YEARS, S/O.ASHRAF, RASHMA MANZIL, MIYANNA CHERRY, VELINELLOOR VILLAGE, KOLLAM DISTRICT, PIN - 691510.
BY ADVS.
K.SIJU ANJANA KANNATH RESPONDENTS/STATE: 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031. 2 STATION HOUSE OFFICER, KOTTIYAM POLICE STATION, KOLLAM DISTRICT, PIN - 691571.
SR.PUBLIC PROSECUTOR-SRI.RENJIT GEORGE THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 09.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.1655 of 2023 of Kottiyam Police Station, Kollam, registered under Sections 365, 354, 323 and 511 of 376 of IPC.
2. The prosecution allegation is that the petitioner, who is a 33 year old man, indending to commit rape on the defacto complainant, who is a nomad lady aged 88 years, on 20.10.2023 at 01.00 a.m., while she was sleeping on the pavement in front of a shop near Kottiyam Junction, he caught hold on her disrobed her, physically assaulted her, and attempted to rape her. When she fell unconscious, the petitioner abducted her in a pick-up autorickshaw, and left her at the road near Sithara Junction.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor vehemently opposed the bail application stating that the defacto complainant is an 88 year old lady as per the FIR, and the petitioner, who is a 33 year old man, attempted to commit rape on her. When she fell unconscious, she was taken in a pick-up autorickshaw and was left at the road near Sithara Junction.
5. Learned counsel for the petitioner would submit that the petitioner was arrested on 23.10.2023, and he is in judicial custody since then. She would further submit that investigation has progressed much, and so his continued detention may not be necessary and so he can be released on bail.
6. On instructions, learned Public Prosecutor submitted that the investigation is not over, and the final report is yet to be filed. If the petitioner is released on bail, the safety and security of the defacto complainant, who is a hapless lady, may be in peril.
7. In this factual scenario, this Court is not inclined to release him on bail.
In the result, the bail application is dismissed.
Sd/-
SOPHY THOMAS, JUDGE
APPENDIX OF BAIL APPL. 11509/2023 PETITIONER’S ANNEXURES :
Annexure A1 THE COPY OF ORDER IN CMP NO. 4825/2023 DATED
1.11.2023 ON THE FILE OF JFMC-II, KOLLAM Annexure A2 THE COPY OF ORDER DATED 24.11.2023 IN CRL.M.C NO.2456/2023 ON THE FILE OF SESSIONS COURT, KOLLAM Annexure A3 THE COPY OF ORDER IN CRL. M.C NO. 2550/2023 DATED 14.12.2023 ON THE FILE OF SESSIONS COURT, KOLLAM RESPONDENTS’ ANNEXURES : NIL
