Kerala High Court
Rajesh vs State Of Kerala on 30 November, 2016
Author: P.Ubaid
Bench: P.Ubaid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2016/9TH AGRAHAYANA, 1938
Bail Appl.No. 8343 of 2016
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CRIME NO. 1034/2016 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM
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PETITIONER/ACCUSED:
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RAJESH,AGED 37 YEARS,
S/O.MANI,VAIKUNDAM VEEDU,EDAVILA,VENKULAM DESOM,
EDAVA VILLAGE.
BY ADVS.SRI.N.N.SUGUNAPALAN (SR.)
SRI.S.SUJIN
SMT.DHANYA P.ASHOKAN
RESPONDENT(S)/RESPONDENTS:
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1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,ERNAKULAM,PIN-682 031.
2. THE SUB INSPECTOR OF POLICE,
AYIROOR POLICE STATION,THIRUVANANTHAPURAM,
PIN-695 310.
BY PUBLIC PROSECUTOR SRI.AJITH MURALI
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 30-11-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
msv/
P.UBAID, J.
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B.A.No.8343 of 2016
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Dated this the 30th day of November, 2016
O R D E R
The petitioner herein is the sole accused in Crime No.1034/2016 of the Ayiroor Police Station, registered under Section 376 IPC and under Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) 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, Thiruvananthapuram, on 11.11.2016. The petitioner has been in judicial custody since 12.10.2016.
2. This is a case where a superstitious lady was trapped for sexual abuse by a 'Poojari' at the premises of a temple making her believe that it was absolutely necessary for the eradication of the evils surrounding her. The poor lady fell in the trap and happened to submit herself to him, in April, 2016. When she realised that she has in fact being exploited sexually by the 'Poojari', she made a complaint alleging rape, B.A.No.8343 of 2016 2 on 11.10.2016. On a perusal of the materials including the statements given by the victim under Section 164 Cr.P.C., I find that there are clear prima facie materials for a prosecution on the given allegation of sexual exploitation. The victim in this case belongs to Scheduled Caste. Whether this is a case of exploitation of a member of Scheduled Caste, is a matter for decision on trial. However, there are materials to substantiate the allegation of rape in this case.
3. This application for regular bail is opposed by the learned Public Prosecutor on the ground that investigation is still in progress, and that if the accused is now released, he will definitely obstruct the investigation.
4. On hearing both sides, and on a perusal of the materials including the case diary and the report of the Investigating Officer, I find that the petitioner cannot be now released on bail. Some more important witnesses remain to be questioned by the Investigating Officer, and some more materials remain to be collected as part of investigation. This process will be obstructed, if the petitioner is now released. I B.A.No.8343 of 2016 3 find that effective investigation is in progress, and that the accused will obstruct investigation, if he is now released on bail. I also find prima facie materials substantiating the allegations against the accused. There is also the possibility of the accused committing similar offences, if released at this stage. The request for bail will be considered at a later stage when major part of investigation is over.
In the result, this application for regular bail is dismissed.
Sd/-
P.UBAID, JUDGE
sd
// True Copy // P.A. to Judge