Court dismissed pre-arrest bail application in rape case. Held that nature and gravity of allegations justified denial of relief. Ordered surrender to competent jurisdiction for bail consideration on merits.
Bail application dismissed; petition to surrender before jurisdictional court denied.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 4TH DAY OF JANUARY 2018 / 14TH POUSHA, 1939
Bail Appl..No. 8408 of 2017
CRIME NO.910/2017 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
PETITIONER/ACCUSED:
SAMRAJ, AGED 37 YEARS, S/O.SAMUEL, BATHEL HOUSE, NELLIKALA, KUNNATHUKAL VILLAGE, THIRUVANANTHAPURAM DISTRICT.
BY ADV.SRI.P.ANOOP (MULAVANA)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2. SUB INSPECTOR, VELLARADA POLICE STATION, THIRUVANANTHAPURAM DISTRICT.
BY PUBLIC PROSECUTOR SRI.SAJJU.S
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04-01-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
mbr/
RAJA VIJAYARAGHAVAN V., J
B.A. No. 8408 of 2017
Dated this the 4th day of January, 2018
ORDER
3.According to the de facto complainant, she was in love with the petitioner herein for more than a year. The family members got in touch and they decided to go through with the marriage. While so, the petitioner invited the de facto complainant to her home. She went there on 9.7.2017 and it is alleged that she was forced to indulge in sexual intercourse without her consent. She was locked in a room and thereafter he went to the Church. Later knowing about the presence of the victim in the house of the petitioner, her family members reached the petitioner's house. The petitioner agreed that, on the next day itself, he would marry the victim. The victim continued to stay
BA Nos.8408/2017
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in the petitioner's home. It is alleged that even thereafter she was sexually assaulted. Later when the petitioner withdrew from his promise, she gave a statement based on which the crime was registered.
the victim stay in his house. He is not having any physical or emotional relationship with the victim. He also refers to the complaint submitted before the Sub Inspector of Police, Vellarada and contended that even prior to the registration of the crime, he had submitted a complaint stating the above fact. According to the learned counsel, the petitioner is employed at Ernakulam and if he is arrested and detained on false allegations, his whole career would be destroyed.
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itself would reveal that the victim was residing in the residential home of the petitioner and his prayer was for the
police to intervene and to accommodate her elsewhere. According to the learned Public Prosecutor, investigation conducted till date points to the complicity of the petitioner.
6.I have considered the submissions advanced and have gone through the case diary. A detailed probe into the allegations are not warranted at this particular stage. It appears that the de facto complainant has narrated in detail the acts of the petitioner in the FI Statement furnished by her. Having regard to the nature and gravity of the allegations, the stage of investigation and the severity of the accusation, I do not think
that this Court would be justified in granting the relief of prearrest bail to the petitioner.
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the same shall be considered and orders shall be passed on its
merits.
This petition is dismissed.
Sd/RAJA VIJAYARAGHAVAN V., JUDGE
vps 6/1xx
2 issues framed by the court
whether the petitioner is entitled to pre-arrest bail under Section 438 CrPC given the gravity of rape allegations.
whether directions for surrender should be issued to enable surrender before competent jurisdiction.
2 provisions across 2 enactments
SAMRAJ
STATE OF KERALA
SUB INSPECTOR, VELLARADA POLICE STATION
RAJA VIJAYARAGHAVAN V
JUSTICE RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
