This order dismissed a bail application by a labourer accused of raping a 15-year-old minor girl. The court held that the charges were grave and the likelihood of witness intimidation was substantial, precluding bail.
Regular bail application dismissed; petitioner remains in detention.
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 ALEXANDER THOMAS
FRIDAY, THE 25TH DAY OF OCTOBER 2019 / 3RD KARTHIKA, 1941
Bail Appl..No.7304 OF 2019
AGAINST THE ORDER/JUDGMENT IN SC 1170/2019 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT (ATROCITIES & SEXUAL VIOLENCE AG
CRIME NO.731/2019 OF Poojappura Police Station , Thiruvananthapuram
PETITIONER/S:
SHIJU AGED 24 YEARS S/O. SELVEN, THEVILAKAM, MARTHOMA CHURCH, MARIYAPURAM WARD, CHENKAL, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN-695 132
BY ADVS. SRI.J.R.PREM NAVAZ SHRI.SUMEEN S.
RESPONDENT/S:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031
OTHER PRESENT:
SRI.AMJAD ALI, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 25.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No.7304 OF 2019
2
ALEXANDER THOMAS, J.
B.A. No. 7304 of 2019
Dated this the 25th day of October, 2019
O R D E R
The petitioner has been arrayed as the sole accused in the instant Crime No. 731/2019 of Poojappura Police Station which has been registered for the offences punishable under Secs. 450, 506, 376(1)(n) of the IPC and Secs. 3, 4, 5l, 5j(ii) and 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 on the basis of the FI statement given by the minor victim girl on 26.04.2019 at about 9 am in respect of the alleged incidents which happened on 30.01.2019 and 31.10.2019. The petitioner has been arrested in this case on 26.04.2019 and after his remand, has been under detention since then. The investigating agency has already completed the investigation process and also filed the final report/charge sheet in this case on 20.07.2019.
Bail Appl..No.7304 OF 2019
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examinations and that on 30.01.2019 at about 11.30 am, the petitioner had knocked on the door of her house and asked for water and she had gone inside to take water and thereupon, he stealthily got into the house, locked it and had forcible sexual intercourse with her and threatened her that he would come and do it again and if she does not co-operate, he would divulge the said incident to everyone. The next day also (31.10.2019) at around the same time, the petitioner had come to her house and threatened her that he would divulge the previous incidents and forced his entry into her house, when she was alone and had again committed forcible sexual intercourse on her. That out of fear and shame, she kept quiet and later, she realised that she has become 3 months pregnant and then, it came to the knowledge of her family members, which led to the registration of the crime in the instant case etc. The counsel for the petitioner would point out that the abovesaid allegations are false and baseless and that the petitioner had already suffered detention since 26.04.2019 and as the investigation has been completed, no effective purpose will be sub served by his continued incarceration and that he may be released on regular bail subject to stringent conditions.
Bail Appl..No.7304 OF 2019
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possibility of the petitioner intimidating or influencing the witnesses, more particularly, the minor victim girl and her family members. Therefore, this Court may not exercise its discretion to grant regular bail to the petitioner.
For these reasons, the application fails and the same will stand dismissed.
Sd/-
ALEXANDER THOMAS, JUDGE
SKS
2 issues framed by the court
Whether regular bail should be granted to the accused alleged of raping a minor girl.
Whether the apprehension of intimidation of the minor victim and her family members warrants rejection of bail.
2 provisions across 2 enactments
SHIJU
STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
