Kerala High Court
Sunilraj A.S. Alias Appunny vs State Of Kerala on 28 July, 2017
Author: Sunil Thomas
Bench: Sunil Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 28TH DAY OF JULY 2017/6TH SRAVANA, 1939
Bail Appl..No. 5176 of 2017 ()
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CRIME NO. 297/2017 OF NEDUMBASSERY POLICE STATION,
ERNAKULAM DISTRICT.
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PETITIONER/LIKELY TO BE ARRAYED AS ACCUSED:
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SUNILRAJ A.S. ALIAS APPUNNY,
S/O.SUBRAMANIAN, AGED 27 YEARS,
AMMANAMKUZHI HOUSE, ELOOR NORTH,
KALAMASSERY, ERNAKULAM DISTRICT.
BY ADVS.SRI.PHILIP T.VARGHESE
SRI.THOMAS T.VARGHESE
SMT.ACHU SUBHA ABRAHAM
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
REPRESENTING THE STATION HOUSE OFFICER,
NEDUMBASSERY POLICE STATION,
NEDUMBASSERY, ERNAKULAM - 683 585.
BY SENIOR PUBLIC PROSECUTOR SRI.SUMAN CHAKRAVARTHY
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 28-07-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
mbr/
SUNIL THOMAS, J
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B.A.No.5176 of 2017
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Dated this the 28th day of July, 2017
O R D E R
The petitioner herein apprehends arrest in connection with Crime No.297/2017 of Nedumbassery Police Station for offences punishable under sections 120B, 342, 366, 376 D, 411, 506(1), 201, 212 and 34 of the Indian Penal Code and Sections 66E and 67A of the Information Technology Act.
2. The allegation of the prosecution was that a noted film actress was sexually assaulted in a moving car on 17.2.2017 by accused Nos.1 to 6, in a moving car and the scenes were video graphed by the first accused. It was alleged that the 11th accused, another noted film actor had engaged accused No.1 to commit the act. The petitioner contends that he is only the driver of the 11th accused. The petitioner further contends that he has been questioned thoroughly on several occasions from 28.06.2017 to 05.07.2017 and the police seemed to be B.A.No.5176 of 2017 2 satisfied with the replies given by him. It was also submitted that the petitioner herein was present when the 11th accused was interrogated and later arrested on that day. He states that he has fully co-operated with the investigation.
3. However, the learned senior Public Prosecutor contended that available materials show that on one occasion the 9th accused had met the petitioner herein at a place, on behalf of the 1st accused. A letter purported to have been prepared by the first accused from jail was also sent by whatsapp to the petitioner. Thereafter, one call seems to have been made by the first accused from jail to the petitioner herein. According to the learned Public Prosecutor, there are circumstances doubting his role. It is further stated that his further interrogation only can reveal whether has any role in the incident. Till now, he has not been made as an accused.
4. Rebutting the above contentions, the learned counsel for the petitioner submitted that all these facts B.A.No.5176 of 2017 3 were referred to in the remand report of accused No.11 and he has explained all facts within his knowledge and explained his innocence to the police. In the above circumstances, the petitioner herein apprehends an arrest under the guise of interrogation and there is no necessity for any further interrogation. It was also submitted by the learned senior Public Prosecutor that his further interrogation is required. Having regard to these facts, I feel that arming the petitioner herein with the benefit of pre-arrest bail is likely to hamper to effective investigation.
However the petitioner herein, may appear before the investigating officer at the earliest and undergo interrogation. The petitioner herein has an apprehension that in the course of interrogation he maybe intimidated or physically assaulted. The police shall ensure that the interrogation if any, is done in accordance with the provisions of law and that his apprehension is properly taken care of.
B.A.No.5176 of 2017 4
Bail application is disposed of as above.
Sd/-
SUNIL THOMAS, JUDGE R.AV //True Copy// PA to Judge