Anticipatory bail application by the sole accused in an alleged rape, intoxication and extortion case. The court granted bail with conditions including surrender before the investigating officer, periodic reporting for three months, and non-contact with the victim.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
MONDAY, THE 26TH DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945
BAIL APPL. NO. 266 OF 2024
CRIME NO.2272/2023 OF Muvattupuzha Police Station, Ernakulam
PETITIONER/S:
JAISON VARGHESE,
AGED 53 YEARS
S/O.LATE FR. M.M.GEEVARGHESE, MARKARAYIL HOUSE, PUTHUPPADY P.O. ,
KARAKKUNNAM, KOTHAMANGALAM, ERNAKULAM, PIN - 686673
BY ADVS.
ABRAHAM P.MEACHINKARA
MARGARET MAUREEN DROSE
JAYAKRISHNAN P.R.
THOMAS GEORGE
RESPONDENT/S:
1STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2STATION HOUSE OFFICE,
MUVATTPUZHA POLICE STATION, MUVATTPUZHA, ERNAKULAM, PIN - 686661
OTHER PRESENT:
SR.PP-SRI.VIPIN NARAYANAN
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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SOPHY THOMAS, J.
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B.A. No. 266 of 2024
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O R D E R
Dated this the 26th day of February, 2024
This is an application for anticipatory bail under Section 438
of the Code of Criminal Procedure, 1973 filed by the sole accused in Crime No. 2272 of 2023 of Muvatupuzha Police Station, Ernakulam, registered under Sections 328, 376 and 384 of the Indian Penal Code.
petitioner who was running New Life Nutrition Centre at Ramamgalam, mixed some intoxicating drugs with the nutrition food, given from his nutrition centre, and gave it to the de facto
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complainant when she reached his institution for treatment. When she became unconscious, he committed rape on her and thereafter, he threatened her, saying that, he had captured her nude photographs, and received Rs.10,00,000/- from her, and further demanded Rs.3,00,000/- from her.
3. Heard learned counsel for the petitioner and learned
Public Prosecutor.
5. Learned counsel for the petitioner would submit that, the
petitioner, victim, as well as her mother were depositors in Good Worship Marketing (P) Ltd, and there were some complaints regarding return of the money deposited. On 25.10.2023, mother of the victim filed a complaint before Dy.S.P. Muvattupuzha stating that the petitioner had received Rs.10,00,000/- from the victim and her husband. Subsequently, on 15.11.2023, the victim herself made a complaint before the CI of Police, Kuruppampadi
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against the petitioner herein in connection with the monitory transactions. In both the complaints there was no mention about any sexual assault from the part of the petitioner. The alleged incident was on 25.11.2021. But complaint was lodged only on 09.12.2023, after making Annexure-A1 and Annexure-A2 complaints. So, according to the petitioner, this is a false case foisted against him to extract money from him.
6. Learned Public Prosecutor, on instructions, submitted that the investigation is progressed. But since the presence of the petitioner could not be secured, it could not be completed.
i. The petitioner is directed to surrender before the Investigating Officer on or before 05.03.2024, and subject himself for interrogation. The investigating officer shall interrogate him to collect all
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materials/evidence, including his medical report relevant for the purpose of investigation.
ii. In the event of arrest, the petitioner shall be released on bail on executing bond for Rs.50,000/(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the arresting officer;
iii. Thereafter, the petitioner shall appear before the investigating officer on alternate Saturdays between 10.00 am and 11.00 am starting from 09.03.2024, for a period of three months or till the final report is filed whichever is earlier.
iv. The petitioner shall not try to contact the victim or her family members and shall not cause any kind of harassment to them directly or indirectly.
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v. The petitioner shall not influence or intimidate the
witnesses or tamper with the investigation.
vi. The petitioner shall not commit any offence while on bail.
vii. In case of violation of these conditions, the trial court is empowered to cancel his bail, in accordance
with law.
Sd/-
SOPHY THOMAS
JUDGE
RMV
1 issue framed by the court
Whether anticipatory bail should be granted to the accused in a case involving rape and extortion under Sections 328, 376 and 384 IPC.
2 provisions across 2 enactments
Jaison Varghese
State of Kerala
Station House Officer, Muvattupuzha Police Station
Sophy Thomas
As recorded by the court registry
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