Kerala High Court
Raju vs State Of Kerala on 30 October, 2017
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
MONDAY, THE 30TH DAY OF OCTOBER 2017/8TH KARTHIKA, 1939
Bail Appl..No. 7486 of 2017 ()
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CRIME NO.235/2017 OF VELLAMUNDA POLICE STATION, WAYANAD
PETITIONER(S)/ACCUSED:
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RAJU,
S/O.CHALY, AGED 37 YEARS,
UTHIRACHIRA PANIYA COLONY,
UTHIRACHIRA KUNJOME,
THONDERNAD AMSOM,
MANANTHAVADY TALUK.
BY ADV. SMT.CELINE JOSEPH
RESPONDENT(S)/COMPLAINANT:
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STATE OF KERALA,
STATION HOUSE OFFICER,
VELLAMUNDA POLICE STATION,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR SRI.SAJJU S.
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
30-10-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
EL
P.UBAID, J.
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B.A.No.7486 of 2017
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Dated this the 30th day of October, 2017
ORDER
The petitioner herein is the accused in Crime No. 235/2017 of the Vellamunda Police Station, registered under Sections 376(2)(1)(n) and 450 IPC, and Sections 5(j)(ii) and (I) read with 6 of the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act'). He seeks regular bail under Section 439 of the Code of Criminal Procedure. The application filed by him for regular bail was dismissed by the learned Special Judge, Kalpetta, on 13.10.2017. The petitioner has been in judicial custody since 08.07.2017.
2. The victim of offence in this case is a girl aged 15 years. She and the petitioner herein had been in intense love. The petitioner has wife and two children. Knowing this fact and also taking advantage of the fact that his wife has been residing separately, the victim girl developed intimacy with the petitioner and started loving him. Her complaint itself shows that she had sexual contact with the petitioner at her house on B.A.No.7486 of 2017 2 many occasions. She brought a complaint when she became pregnant. The complaint also shows that she started loving the petitioner, when the petitioner's wife started spreading a news that the two had been in love. Anyway, this is a case of statutory rape. The victim was aged only 15 years. It is true that all the instances of sexual intercourse were with the full consent of the girl, and that they had sexual union on many occasions at her house. She thought of making a complaint only when she became pregnant, and the parents came to know of the pregnancy. Whatever be the factual aspects justifying the illicit connections of the petitioner with the victim, this is a case of statutory rape, and the petitioner cannot escape from the legal consequences under the POCSO Act. Any way the investigation is over, and the police has submitted final report in court. The case is now pending as S.C.No.354/2017 before the Special Court. In the present circumstances, I feel it appropriate to grant bail to the petitioner on conditions.
In the result, this application for bail is allowed. The petitioner will be released on bail on his executing a bond with two solvent sureties for 50,000/-(Rupees fifty thousand only) each to the satisfaction of the court below having jurisdiction. B.A.No.7486 of 2017 3 Bail is granted on condition that;
a. The petitioner shall not enter the jurisdictional limits of Vellamunda Police Station till examination of the material witnesses in the trial court is over.
b. The petitioner shall not leave the Wayanad Revenue District till trial of the case is over, unless otherwise permitted by the trial court in due course of trial for sufficient reason.
c. The petitioner shall not in any manner influence or intimidate the witnesses, and he shall not have any contact with the material witnesses directly or over telephone or otherwise.
d. The petitioner shall not involve in any offence of similar nature under the Indian Penal Code or under the Protection of Children from Sexual Offences Act.
Sd/-
P.UBAID, JUDGE
sd
// True Copy // P.A. to Judge