Allowed

Anilkumar @ Anil v. State of Kerala

Kerala HC11 Jul 2016Bail Appl./4768/2016

Case brief

AI extract

What is this about?

Single Judge of Kerala High Court allowed bail to the second accused in a tableau case involving abduction and attempted rape. The court distinguished the accused's circumstances from the first accused who committed the actual rape, granting bail but denying any benefit to the first accused.

What did the court decide?

Bail granted to the petitioner on execution of bond with two solvent sureties of Rs. 50,000 each subject to reporting, non-leave jurisdiction, and non-entry into victim's village.

Anilkumar @ Anil Vs State of Kerala — Child Sexual Offences (POCSO) | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE P.UBAID

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MONDAY, THE 11TH DAY OF JULY 2016/20TH ASHADHA, 1938

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Bail Appl..No. 4768 of 2016 ()

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------------------------------CRIME NO. 1168/2016 OF ATTINGAL POLICE STATION, THIRUVANANTHAPURAM DISTRICT

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APPLICANT/ ACCUSED NO 2:

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ANILKUMAR @ ANIL, AGED 29 YEARS, S/O CHELLAPPAN, VILAYIL PUTHANVEEDU, NEAR VAAVOOKKONAM AMMAN NADA, MANICKAL VILLAGE, THIRUVANNATHAPURAM.

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BY ADVS.SRI.PRASUN.S

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SRI.PAUL MATHEW (PERUMPILLIL) SRI.NAVEEN.T

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RESPONDENT/COMPLAINANT- STATE:

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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031, REPRESENTING S.I OF POLICE, ATTINGAL POLICE STATION.

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BY PUBLIC PROSECUTOR SMT. R.REMA

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 11-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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sts

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P.UBAID, J. --------------------------------------B.A No.4768 of 2016 ---------------------------------------

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Dated this the 11^th day of July, 2016

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O R D E R

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The petitioner herein is the second accused in Crime No.1168/2016 of the Attingal Police Station, registered under Sections 366 and 376 r/w 34 of the Indian Penal Code. He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Judicial First Class Magistrate Court I, Attingal on 14.6.2016. The petitioner has been in judicial custody since 10.6.2016.

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The victim of offence in this case is a lady aged 27 years. The prosecution case is that at about 8.30 pm on 5.6.2016 the petitioner herein and the first accused abducted the victim with the object of subjecting to sexual intercourse, they took her to an abandoned house, where the first accused subjected her to sexual intercourse without her consent, and before the petitioner herein could ravish her, she somehow escaped from the place of incident. In the morning she was

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B.A No.4768 of 2016 2

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rescued by her husband. The allegation of rape is seen made only against the first accused, and the allegation against the petitioner herein is that he along with the other abducted the victim with the object of exploiting the victim sexually. When the offence under Section 366 IPC is alleged against both the accused, the allegation of rape is seen made only against the first accused. It is submitted that the first accused is now in judicial custody. I find that the circumstances of petitioner are different from that of the first accused. It appears that he also accompanied the other with the intention to ravish the lady, but before he could make such an attempt she somehow escaped. Anyway, I feel it appropriate to release him on bail. But the circumstances of the first accused are different, and so it is made clear that bail granted to the second accused on different considerations will not in any manner go to the benefit of the first accused who will have to continue in custody in view of the serious allegation against him and also in view of the clear possibility of the victim being influenced or won over by the person who actually exploited her sexually.

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In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with

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B.A No.4768 of 2016

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two solvent sureties for 50,000/- (Rupees fifty thousand only)₹ each to the satisfaction of the learned Magistrate having jurisdiction. Bail is granted on condition that;

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a. The petitioner shall report before the

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Investigating Officer between 10 am and 11 am on all Saturdays for a period of two months.

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b. The petitioner shall not leave the

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jurisdictional limits of Attingal Police Station for two months.

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c. The petitioners shall not enter the revenue village where the house of the victim is situated, till the trial of the case is over, unless otherwise permitted by the trial court in due course of trial for sufficient reasons.

Sd/P.UBAID JUDGE

//True Copy//

P.A to Judge

Anilkumar @ Anil v. State of Kerala

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Anilkumar @ Anil v. State of Kerala

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