Kerala High Court
Wilson Varghese vs State Of Kerala on 16 October, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
WEDNESDAY, THE 16TH DAY OF OCTOBER 2019 / 24TH ASWINA, 1941
Bail Appl.No.7227 OF 2019
[CRIME NO.846/2019 OF THEKKUMBHAGOM POLICE STATION, Kollam]
PETITIONERS/ACCUSED:
1 WILSON VARGHESE,
AGED 49 YEARS,
S/O K.M. VARGHESE, PALANILKUNNATHIL VEEDU, BUDHANNOOR
P.O.,ENNAKADU VILLAE, CHENGANOOR, ALAPPUZHA DISTRICT,
PIN-689 510.
2 JENCY,
AGED 35 YEARS
W/O WILSON, PALANIKUNNATHIL VEEDU,
BUDHANNOOR P.O.,ENNAKADU VILLAGE, CHENGANOOR,
ALAPPUZHA DISTRICT, PIN-689 510.
BY ADV. SRI.V.A.AJIVAS
RESPONDENT/COMPLAINANT & STATE:
STATE OF KERALA
REPRESENTED BY SUB INSPECTOR OF POLICE, THEKKUMBHAGAM
POLICE STATION IN KOLLAM DISTRICT, PIN 691 319,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN: 682 031.
OTHER PRESENT:
SR.PUBLIC PROSECUTOR MR.M S BREEZE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.A.NO.7227 OF 2019
:-2-:
ORDER
Dated this the 16th day of October,2019 This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure (for short 'the Cr.P.C.').
2. Petitioners are accused Nos.3 and 2 respectively in Crime No.846/2019 of Thekkumbhagom Police Station in Kollam District alleging commission of the offences punishable under Sections 376,354,363 and 366 of the Indian Penal Code (for short 'the IPC') and Sections 3 and 4 of the Protection of Children from Sexual Offences Act,2012.
3. The prosecution case in brief is that on 2.9.2019, the victim girl Anishma aged 17½ years fell in love with the first accused namely Glory Raju @ Aji and the first accused enticed and kidnapped Anishma and came to the residence of the petitioners and stayed there from 4.9.2019 to 12.9.2019 and thereby committed the aforesaid offences.
4. Heard both sides and I have perused the Case Diary.
5. The First Information Statement was lodged by the victim's aunty. Consequently, the first accused was arrested from Kayamkulam. During interrogations with the victim as well as the first accused, it was brought out that both of them B.A.NO.7227 OF 2019 :-3-:
stayed at the petitioners' residence at Chengannur. The first accused is the cousin brother of the second accused. On going through the copy of the Secondary School Leaving Certificate available on file, it is disclosed that the date of birth of Anishma is on 3.10.2001. The occurrence in this case is on 2.9.2019. Evidently, Anishma has already attained majority on 3.10.2019.
6. Petitioners are husband and wife living with their children aged 9 and 3 years at their residence at Chengannur. It is very unlikely that they were aware of the age of the victim girl when the girl was brought by a close relative to their house. They have no criminal antecedence as well. Considering the age of the victim as well as the circumstances involved, this is a fit case for invoking the discretionary jurisdiction under Section 438 of Cr.P.C.
In the result, the Bail Application stands allowed and it is ordered as follows:-
1) The petitioners shall be released on bail in the event of their arrest by the police in Crime No. 846/2019 of Thekkumbhagam Police Station in Kollam District on their executing a bond for Rs.50,000/- (Rupees Fifty thousand only) each with two solvent sureties each for the like amount to the B.A.NO.7227 OF 2019 :-4-:
satisfaction of the arresting officer.
2) The petitioners shall appear before the Investigating Officer as and when directed by him in writing to do so.
3) The petitioners shall not in any manner intimidate or influence the prosecution witnesses.
4) If the petitioners violate any of the above conditions of bail, it is open to the Court having jurisdiction over the case to cancel their bail without any further orders from this Court but in accordance with law.
sd/-
N.ANIL KUMAR, JUDGE MBS/ B.A.NO.7227 OF 2019 :-5-: