Kerala High Court
Praveen P vs State Of Kerala on 7 September, 2017
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
TUESDAY, THE 26TH DAY OF SEPTEMBER 2017/4TH ASWINA, 1939
Bail Appl..No. 6618 of 2017 ()
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CRMC 1479/2017 of 1ST ADDL. SESSIONS JUDGE, KOLLAM
DATED 07-09-2017
CRIME NO.1902/2017 OF KUNDARA POLICE STATION, KOLLAM
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PETITIONER(S)/ACCUSED :-
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PRAVEEN P., AGED 22 YEARS, S/O.PRASAD,
KANJIRAMVILA VEEDU, KARUVELI MURI,
EZHUKONE VILLAGE, KOTTARAKARA TALUK,
KOLLAM DISTRICT.
BY ADV. SRI.K.V.ANIL KUMAR
RESPONDENT(S)/COMPLAINANT :-
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STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SRI.K.A.ANAS
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
26-09-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.UBAID, J.
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B.A. No.6618 of 2017
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Dated this the 26th day of September 2017
O R D E R
The petitioner herein is the sole accused in Crime No.1902/2017 of Kundara Police Station registered under Sections 450, 375(a) and 376(2)(n) of the Indian Penal Code and Sections 3(a), 4, 5(1) and Sections 8 and 9 read with Section 10 of 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 Sessions Judge, Kollam on 7.9.2017.
2. This is a case of statutory rape. The victim was aged only 17 years as on the date of the alleged incident. The petitioner came at her house once as an electrician, and he developed intimacy with the girl. This led to an illicit affair between the two. The prosecution would allege that on a promise of marriage, the petitioner subjected the girl to sexual intercourse at her house on more occasions than one.
3. On a perusal of the statements given by the victim under Section 164 Cr.P.C., I find that those statements are not B.A. No.6618 of 2017 -: 2 :- exactly consistent with the allegations in the F.I.Statement. In the complaint, the girl has alleged so many instances with details. But, such things are conspicuously absent in the statements given by her under Section 164 Cr.P.C. There is something doubtful. Any way, what is alleged is statutory rape. The consent of the girl does not assume any importance when the allegations are under the special law. Any way, the petitioner has been in custody for 55 days. The special circumstances indicated above compel me to grant him bail on strict conditions.
4. A perusal of the case diary shows that the investigation is practically over. I do not find the necessity of continued detention of the petitioner in custody.
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. Bail is granted on condition that;
a. The petitioner shall not enter the limits of Kundara Police Station for a period of three months. b. The petitioner shall report before the Circle Inspector of Police, Kollam East between 10 a.m. and 11 a.m. on all Mondays for a period of three months. B.A. No.6618 of 2017 -: 3 :- 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 surrender his passport before the court below within seven days from the date of release. If he does not have any passport, an affidavit to that regard shall be filed in court.
e. The petitioner shall make a security deposit of 20,000/- (Rupees Twenty thousand only) simultaneously with execution of the bond in the court below. The amount of security deposit will be released on conclusion of trial. It will be subject to forfeiture in case of absence during trial without sufficient reason.
Forward a copy of this order to the Circle Inspector of Police, Kollam East, who will report compliance of the conditions, directly to the court below.
Sd/-
P.UBAID JUDGE //True copy// P.A. To Judge Jvt/26.9.2017.