Accused No.121 sought bail under Section 439 CrPC in a rape case involving a minor. The court noted the gravity of the facts but permitted bail, effective from 30.11.2011, subject to specific conditions.
Bail granted to petitioner on bond of Rs. 50,000 with two sureties for Rs. 50,000 each, effective from 30.11.2011.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933
Bail Appl..No. 9015 of 2011
CRIME NO.111/11 OF CBCID, HHW-II, ERNAKULAM CRIME NO.346 OF 2011 OF PARAVUR POLICE STATION.
PETITIONER: ACCUSED NO.121:
BIJESH @ BIJU S/O.SASIKUMAR, RAGAM (H), NEAR SBT THIRUMALA, THIRUVANANTHAPURAM NOW AT CHAMBAKKARA, C/O.VISWAN, VEETHERIYIL.
BY ADV. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ SRI.B.BALA PRASANNAN
RESPONDENT: COMPLAINANT:
STATE OF KERALA REPRESENTED BY THE DI, CBCID HHW-11 ERNAKULAM THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
PUBLIC PROSECUTOR SRI.C.RASHEED
THIS BAIL APPLICATION HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.T.SANKARAN, J.
-----------------------------------------------------Bail Appl. NO. 9015 OF 2011
Dated this the 24th day of November, 2011
O R D E R
This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is accused No.121 in CBCID Crime No.111/CR/HHWII/EKM/11 (North Paravur Police Station Crime No.346 of 2011).
BAIL APPL. NO.9015 OF 2011
:: 2 ::
The father of the victim is a real estate broker and a person who supplies junior artists to film makers. On 3-5-2010, the victim was taken by her father to a hotel at Panampilly Nagar, Ernakulam, stating that they had to meet ‘film people’. After leaving the victim in the room in the hotel, father of the victim left the place. The victim was raped by the man who was in the room. Thereafter, on that date and on the following days, she was taken to several places in and around Ernakulam city, Mysore, Ooty, Thiruvananthapuram, Kannur, Chalakkudy, Athirappilly, Munnar, Bangalore, Thrissur, Mapranam, Coimbatore etc. On 1-1-2011, the father of the victim took her to Coimbatore and entrusted her to a man and woman. They took the victim to a house where she was locked. She was subjected to forceful sex by twelve persons who visited the house. The victim escaped from that house and after reaching her native place, she disclosed the matters to her paternal uncle and other relatives. They advised the victim to inform the matter to the police.
BAIL APPL. NO.9015 OF 2011
:: 3 ::
Unni. The petitioner was arrested on 1.10.2011 and he was remanded to judicial custody.
case, the duration of the judicial custody undergone by the petitioner, the nature of the offence and the present stage of investigation, I am of the view that bail can be granted to the petitioner, however, only with effect from 30.11.2011.
BAIL APPL. NO.9015 OF 2011
:: 4 ::
The Bail Application is allowed as above.
(K.T.SANKARAN) Judge
ahz/
3 issues framed by the court
Whether bail can be granted to the accused despite the serious nature of the offences involving a minor victim.
Whether the accused deserves bail after undergoing judicial custody pending the investigation.
What specific conditions must be imposed on the accused while on bail.
BIJESH @ BIJU S/O.SASIKUMAR
STATE OF KERALA
K.T.SANKARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
