2018 Supreme(Online)(KER) 59704
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 28TH DAY OF SEPTEMBER 2018 / 6TH ASWINA, 1940
Bail Appl..No. 6297 of 2018
CRIME NO.337/2018 OF KATTUR POLICE STATION, THRISSUR
PETITIONER/ACCUSED :
DASAN,
AGED 60 YEARS,
S/O.CHANTHU, KUTTUKKARAN HOUSE, CHETTUPUZHA
DESOM, PULLAZHI VILLAGE, THRISSUR TALUK,
THRISSUR DISTRICT.
BY ADVS.
SRI.S.RAJEEV
SRI.D.FEROZE
SRI.K.K.DHEERENDRAKRISHNAN
SRI.ANAND K
SRI.V.VINAY
RESPONDENT/STATE:
STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR, COURT OF SESSIONS,
ERNAKULAM, (CRIME NO.337/2018 OF KATTUR POLICE
STATION, THRISSUR DISTRICT).
SRI C N PRABHAKARAN, SENIOR PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
28.09.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Bail Appl..No. 6297 of 2018
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['S RAJEEV', 'D FEROZED FEROZE', 'K K DHEERENDRAKRISHNAN', 'V VINAY', 'SRI ANAND K', 'D FEROZE']
This application is filed under § 439 of the Cr.P.C.
2. The applicant herein is the accused in Crime
No.337 of 2018 of the Kattur Police Station registered
under §§ 376(2)(f), 376(2)(k) and 376(2)(m) of the IPC.
3. The above crime has been registered based on a
statement lodged by a 28 year old lady, who claims that the
applicant herein is her step-father. In her statement, she
alleges that she is a divorcee and the mother of a child. In
the year 2013, her mother married the applicant herein and
he started living with her mother. He is alleged to have
taken away a sum of Rs. 4 lakhs belonging to her from the
almirah on 26.5.2014. She alleges that late in the night on
10.07.2017, the applicant herein entered her room and
tied her legs to the bed post and committed rape on her. It
is further alleged that the applicant applied some
substance on her private parts and caused burn injuries. It
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is further alleged that on 16.07.2017, the applicant
threatened her with dare consequences if she were to
disclose the incident to any person. Based on the above
allegations, the subject crime was registered and the
applicant was taken into custody on 27.7.2018.
4. The learned counsel appearing for the applicant
submitted that the allegations are without basis. It is
contended that the applicant herein had advanced a total
sum of Rs.6,25,000/- to the de facto complainant and her
mother on their assurance that it would be repaid without
delay. When they reneged from their assurance, the
applicant herein approached them and sought for
repayment. The applicant was abused and he was called by
his caste name. On 19.7.2018, the applicant filed a
complaint before the District Police Chief, the receipt of
which is acknowledged. According to the learned counsel,
when the de facto complainant and her mother was
summoned by the police, on 26.07.2018, a complaint was
lodged levelling allegations of sexual abuse. It is further
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submitted that the applicant herein has been in custody
from 27.07.2018 and prays that he be released on bail.
5.
Heard the learned Public Prosecutor, who has
opposed the prayer. It is submitted that the allegations are
grave.
6.
I have considered the submissions advanced and
have gone through the case diary. It is the case of the
victim that she was raped and injuries were caused on
10.07.2018. However the victim approaches the police only
on 26.7.2018. In the meantime, the applicant had lodged a
complaint before the District Police Chief on 19.07.2018 as
is evidenced by Annexure-I. There are no contemporaneous
records to show that the victim had secured medical
treatment on 10.7.2018. Furthermore, the applicant has
been in custody from 27.7.2018 and investigation appears
to have made considerable headway. Having gone through
the entire aspects, I am of the view that the applicant has
made out a case for his release on bail.
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7.
In the result, this application will stand allowed.
The applicant shall be released on bail on his executing a
bond for Rs.50,000/-(Rupees Fifty thousand only) with two
solvent sureties each for the like sum to the satisfaction of
the court having jurisdiction. The above order shall be
subject to the following conditions:
1). The applicant shall appear before the
Investigating Officer on all Saturdays between
10 a.m. and 11.00 a.m., for 2 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. He shall not make any
attempt to contact the victim or her family
members.
3). He shall not commit any offence while 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
DSV/28/9/18
//True Copy//