The Kerala High Court granted bail to the accused charged with rape and other offences. The court held continued custody was unnecessary due to the nature of allegations and investigation progress, imposing standard bail conditions.
Petitioner released on bail for Rs.25,000 with sureties on reporting to Investigating Officer weekly.
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 P.BHAVADASAN
MONDAY, THE 11TH DAY OF MARCH 2013/20TH PHALGUNA 1934
Bail Appl..No. 1607 of 2013 ()
-----------------------------CRIME NO. 97/2013 OF BEDAKAM POLICE STATION , KASARAGOD DISTRICT.
PETITIONER/ACCUSED:
BIJU BABY, AGED 38 YEARS, S/O.BABY MATHEW, THEEMOTTIL HOUSE, PALATHINKAL, VETTIYADI, MANADUKKAM POST, BANDADUKA VILLAGE, KASARAGOD DISTRICT.
BY ADVS.SRI.I.V.PRAMOD, SRI.S.U.NAZAR.
RESPONDENT/COMPLAINANT/STATE:
STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.R. REMA.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-03-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs.
P.BHAVADASAN, J.
Bail Application No.1607 OF 2013
Dated this the 11th day of March, 2013.
O R D E R
The petitioner is accused of having committed the offences punishable under Sections 452, 376 and 506(1) of the Indian Penal Code. The allegation against the petitioner is that, on 21.01.2013 at about 3.30 a.m, while the husband of the de facto complainant had gone for work, he entered into the house of the de facto complainant and committed rape on her.
B.A. No.1607/2013
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constitute an offence. At any rate, he has been in custody from 16.02.2013.
petitioner is serious and grave in nature, and the investigation is going on. The Case Diary was made available for perusal. As rightly pointed out by the learned counsel for the petitioner, initially when the First Information Statement was laid by the victim, it was after several days for which the explanation offered is not very convincing. In the subsequent statement, considerable improvement is made. Going by the subsequent statement, it would appear that she was ravished on several occasions earlier to the date on which the incident is alleged to have occurred. It is also seen from the records that even though the victim was asked to appear for medical examination, she did not present herself for same and the Police Officer was unable to get in touch with her. This is the state of affairs as far as the case is concerned. Learned counsel for the petitioner also pointed out that the lady on an earlier occasion
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had filed a complaint against her own father alleging sexual abuse and after receiving some amount and property, she did not pursue the said complaint.
continued custody of the petitioner appears to be unnecessary. The application for bail is allowed as follows:
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10 a.m until further orders.
P.BHAVADASAN JUDGE
smp
3 issues framed by the court
Whether bail should be granted to the accused facing charges of rape and other offences.
Whether the continued custody of the accused is necessary.
Whether the allegations against the accused are true.
1 provisions across 1 enactments
BIJU BABY
STATE OF KERALA
P.BHAVADASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
