BAIL APPL. NO. 4814 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
BAIL APPL. NO. 4814 OF 2022
AGAINST THE ORDER/JUDGMENT IN CRMC 879/2022 OF ADDITIONAL SESSIONS
COURT (ADHOC)-II, KOZHIKODE
(CRIME NO.4814 OF 2022 OF BALUSSERY POLICE STATION, KOZHIKODE)
PETITIONER/S:
MUHAMMED BASHEER
AGED 44 YEARS
S/O. UTHOTTY, RAROTH HOUSE,
KOTTUR AMSOM, PALOLI DESOM,
KOYILANDY TALUK, PIN - 673614
BY ADVS.
SANTHARAM.P
REKHA ARAVIND
P.G.GOKULNATH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN
- 682031
2 ADDL.R. XXX
XXXX (IMPLEADED AS PER ORDER DATED 6/7/2022 BY BKT (J))
BY ADVS.
V.BINOY RAM
P.PREMARAJAN
OTHER PRESENT:
SRI K A NOUSHAD, PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.07.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 4814 OF 2022
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BECHU KURIAN THOMAS, J.
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B.A.No.4814 of 2022
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Dated this the 6th day of July, 2022
ORDER
Petitioner is the accused in Crime No.333/2022 of Balussery Police Station Kozhikode. The offences alleged against the petitioner are under Sections 376(2)(n), 406 and 506 of the Indian Penal Code, 1860.
2. According to the prosecution, in December, 2017 petitioner called the victim to his house under the guise of a discussion, committed rape on her and thereafter, repeated the act of rape, after promising to marry her, on several occassions. It is also alleged that petitioner had appropriated an amount of Rs.3,54,000/- and two and half sovereigns of gold from the victim and refused to return the same, thereby committing criminal breach of trust also.
3. Sri.P.Santharam, learned Counsel for the petitioner contended that the entire prosecution case is false and that the circumstances would at the most reveals a consensual relationship. Even the allegation as regards sexual relationship with promise to marry, cannot arise, since the petitioner as well as the victim were BAIL APPL. NO. 4814 OF 2022 3 both married and therefore, the said allegation ought to be ignored. He further submitted that the allegation of rape alleged to have occured in 2017 is also false, since the complaint itself is too belated and the same is put forth only with ulterior purposes and to ruin the political career of the petitioner.
4. Sri.K.A.Noushad, learned Public Prosecutor, Oppposed the grant of bail and submitted that custodial interrogation is necessary in the natrure of allegations.
5. Learned Counsel for the defacto complainant on the other hand contended that the petitioner had exploited the precarious mental condition of the petitioner while she was going through a divorce with her husband. Under the guise of discussion, she was called over to his house and petitioner committed forcible rape upon her. Thereafter, he continued his sexual relationship with the petitioner promising to marry her and thereby he has committed the offences alleged against him.
6. According to the learned Counsel for the defacto complainant, petitioner is a highly influential politician and therefore, in the absence of custodial interrogation great prejudice would be caused.
7. On a perusal of the statement of the victim, I notice that there is a specific allegation of forcible sexual assault in BAIL APPL. NO. 4814 OF 2022 4 December 2017 inside the house of the petitioner. Though subsequently the sexual acts were committed under the promise of marriage, and even if it is assumed that the said allegation is not sustainable due to the circumstances of the existing marriage of the petitioner and the victim, still, since the allegation of rape is specifically stated in the statement of the victim, I am of the view that the same requires custodial interrogation.
Accordingly, I find that the petitioner is not entitled for pre- arrest bail. Hence I dismiss this application.
sd/ BECHU KURIAN THOMAS JUDGE jm/ BAIL APPL. NO. 4814 OF 2022 5 APPENDIX OF BAIL APPL. 4814/2022 PETITIONER ANNEXURES Annexure2 TRUE COPY OF THE ORDER DATED 17.06.2022 IN CRL.M.C NO.879/2022 OF THE 2ND ADDITIONAL SESSIONS 15-18 JUDGE, KOZHIKODE