Kerala High Court
Unknown vs By Adv. Sri.V.A.Johnson ... on 11 March, 2019
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
CRL.A.No. 298 of 2019
AGAINST THE ORDER IN CRMP 457/2019 OF THE I ADDITIONAL SESSIONS
JUDGE, THRISSUR DATED 19-02-2019
CRIME NO. 1141/2018 OF PERAMANGALAM POLICE STATION , THRISSUR
APPELLANT/ACCUSED NO.12
HANEESH JOHNSON,
AGED 24 YEARS
S/O.JOHNSON, ALAPATT HOUSE, NETTISSERY VILLAGE,
MUKKATTUKARA DESOM, THRISSUR.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT
STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
SRI.SUMOD.P.N., PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11.03.2019,
ALONG WITH Bail Appl..1447/2019, CRL.A.NO.299/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.Appeal Nos.298 & 299 of 2019
&
B.A.No.1447 of 2019
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
Bail Appl..No. 1447 of 2019
AGAINST THE ORDER IN CRMP 458/2019 THE I ADDITIONAL SESSIONS
JUDGE, THRISSUR DATED 19-02-2019
CRIME NO. 1162/2018 OF PERAMANGALAM POLICE STATION , THRISSUR
APPLICANT/ACCUSED NO.8
HANEESH JOHNSON,
AGED 24 YEARS
S/O.JOHNSON, ALAPATT HOUSE, NETTISSERY VILLAGE,
MUKKATTUKARA DESOM, THRISSUR.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682031.
SRI.SUMOD.P.N., PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
11.03.2019, ALONG WITH CRL.A.299/2019, CRL.A.298/2019, THE COURT
ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Appeal Nos.298 & 299 of 2019
&
B.A.No.1447 of 2019
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 11TH DAY OF MARCH 2019 / 20TH PHALGUNA, 1940
CRL.A.No. 299 OF 2019
AGAINST THE ORDER IN CRMP 459/2019 OF THE I ADDITIONAL SESSIONS
JUDGE, THRISSUR
CRIME NO. 1140/2018 OF Peramangalam Police Station , Thrissur
APPELLANT/ACCUSED NO.12
HANEESH JOHNSON
AGED 24 YEARS
S/O. JOHNSON, ALAPATT HOUSE,NETTISSERY VILLAGE,
MUKKATTUKARA DESOM , THRISSUR
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
SRI.SUMOD.P.N., PUBLIC PROSECUTOR
THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON 11.03.2019,
ALONG WITH CRL.A.298/2019, Bail Appl..1447/2019, THE COURT ON
THE SAME DAY PASSED THE FOLLOWING:
Crl.Appeal Nos.298 & 299 of 2019
&
B.A.No.1447 of 2019
4
ALEXANDER THOMAS, J.
=========================== Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 =========================== Dated this the 11th day of March, 2019 JUDGMENT in Crl.Appeal Nos.298 & 299 of 2019 & ORDER in B.A.No.1447 of 2019 The petitioner has been arrayed as Accused No.12 in Crime No.1140/2018 of Peramangalam Police Station (from which Crl.A.No.299/2019 has arisen) as well as in Crime No.1141/2018 of same Police Station (from which Crl.A.No.299/2019 has arisen). The petitioner is accused No.8 in Crime No.1162/2018 of Peramangalam Police Station, which relates to B.A.No.1447/2019.
2. The offences registered in Crime No.1140/2018 (to which Crl.Appeal No.299/2019 relates) are those under Secs.370(4)(5), 376(1), 376(2)(n), 363, 354 read with Sec.34 of IPC, Sec.3 read with Sec.4, Sec.5(g) read with Sec.6, Se.9(1) read with Sec.10, 18 of 7 of POCSO Act, 2012 and Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 5 Sec.3(1)(w)(i), 3(2)(va) of SC/ST Prevention of Atrocities (Amendment) Act.
3. The offences registered in Crime No.1141/2018 (to which Crl.Appeal No.298/2019 relates) are those under Secs.370(4)(5), 376(1), 376(2)(n), 363, 354 read with Sec.34 of IPC, Sec.3 read with Sec.4, Sec.5(g) read with Sec.6, Se.9(1) read with Sec.10, 18 of 7 of POCSO Act, 2012 and Sec.3(1)(w)(i), 3(2)(va) of SC/ST Prevention of Atrocities (Amendment) Act.
4. The offences registered in Crime No.1162/2018 (to which B.A.No.1447/2019 relates) are those under Sec.363, 354, 354(B), 376(a)(n), 370(4)(5) read with Sec.34 of IPC, S.5(1) read with Sec.6, Sec.3(a)(b) read with Sec.4 and Sec.5(g) read with Sec.6 of POCSO Act, 2012.
5. Heard Sri.Johnson Varikkappallil, learned counsel appearing for the petitioner in these three matters and Sri.P.N.Sumod, learned Public Prosecutor appearing for the respondent-State.
6. In the instant case, the petitioner has been arrested on 24.12.2018 in these three crimes. The gist of the prosecution allegations raised in these crimes are that as against the various accused is that on different days at different places, three minor victim girls have been sexually abused by the accused. It is pointed out by the learned counsel for Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 6 the petitioner that there are no allegations raised against the petitioner herein in any of these three crimes that he has committed the sexual intercourse on the minor victim girl and that the only allegation raised against the petitioner is that he had facilitated travelling of the minor victims in his motorcycle. The counsel for the petitioner has elaborately taken this Court's attention to the various aspects in the remand report in respect of the crime, which has been produced as Annexures.A, B & C in B.A.No.1447/2019. It is also pointed out that this Court has already granted regular bail to one Jerome John Peter, who is accused No.7 in Crime Nos.1140/2018 & 1141/2018 and accused No.3 in Crime No.1162/2018, as per order dated 30.01.2019 in Crl.A.No.64/2019 & CrlA.No.58/2019. Copy of the order dated 30.01.2019 rendered by this Court in Crl.A.No.64/2019 as well as in CrlA.No.58/2019 filed by the said Jerome John Peter (A7 in Crime Nos.1140/2018 & 1141/2018) has been made available for the perusal of this Court. Therein this Court has held that as no allegations of commission of sexual intercourse has been raised as against the said accused and the only allegation raised against the petitioner is that he has facilitated some of the aspects in the said crime, the bail could be granted to the said accused (Jerome John Peter).
7. After perusing through the copies of the judgments in Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 7 Crl.A.Nos.58 & 64 of 2019 as well as the remand reports produced as Annexures-A, B & C in B.A.No.1447/2019 in these three crimes, this Court is of the considered view that the regular bail could be granted to the present petitioner, as there are no allegations of the petitioner having committed sexual intercourse with the minor victims concerned and that the main allegation is that he has facilitated some of the aspects in those crimes. Accordingly, it is ordered that the impugned rejection orders in the above Crl.A.Nos.298 & 299/2019 will stand set aside.
8. The following orders are passed in Crl.A.No.298/2019:
The appellant shall be released on bail in respect of Crime No.1141/2018 of Peramangalam Police Station, on his executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below shall be subjected to the following conditions:
i) The appellant shall appear before the Investigating Officer on all Saturdays between 9a.m. and 11.a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
iii) He shall not commit any offence while he is on bail.
9. The following orders are passed in Crl.A.No.299/2019:
The appellant shall be released on bail in respect of Crime Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 8 No.1140/2018 of Peramangalam Police Station, on his executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below shall be subjected to the following conditions:
i) The appellant shall appear before the Investigating Officer on all Saturdays between 9a.m. and 11.a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
iii) He shall not commit any offence while he is on bail.
10. The following orders are passed in B.A.No.1447/2019:
The applicant/petitioner will stand released on bail in respect of Crime No.1162/2018 of Peramangalam Police Station, on his executing bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the court below shall be subjected to the following conditions:
i) The appellant shall appear before the Investigating Officer on all Saturdays between 9a.m. and 11.a.m., for two months or till final report is filed, whichever is earlier.
ii) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.
iii) He shall not commit any offence while he is on bail.
Crl.Appeal Nos.298 & 299 of 2019 & B.A.No.1447 of 2019 9 With these observations and directions, the above Bail Application & Crl.Appeals will stand finally disposed of.
Sd/-
ALEXANDER THOMAS JUDGE vgd/11.03.19