Kerala High Court
Jibin C. Biju vs State Of Kerala on 17 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
BAIL APPL. NO. 4356 OF 2022
PETITIONER/S:
SAMSON JOHN
AGED 20 YEARS
S/O EVEREST JOHN,
RESIDING AT KANNAMPARAMBIL
HOUSE, H.NO.13/828,
NEAR BOYS HOME, VIKAS ROAD,
KARUVELIPPADY,
RAMESHWARAM VILLAGE,
MATTANCHERRY, COCHIN-6, PIN - 682002
BY ADV D.LEEMA ROSY
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SR.PP SRI.NOUSHAD K.A
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
17.06.2022, ALONG WITH Bail Appl..4316/2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
B.A. Nos. 4356 and 4316 of 2022
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
BAIL APPL. NO. 4316 OF 2022
PETITIONER/S:
JIBIN C. BIJU
AGED 23 YEARS
S/O BIJU CHERYAN,
CHALANADIYIL HOUSE, KOMBANKERRY,
NIRANAM, KIZHAKKUMBAGAM P.O, THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689621
BY ADVS.
T.P.PRADEEP
P.K.SATHEES KUMAR
R.K.PRASANTH
MINIKUMARY M.V.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
BY ADV PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION
ON 17.06.2022, ALONG WITH Bail Appl..4356/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. Nos. 4356 and 4316 of 2022
3
BECHU KURIAN THOMAS, J.
========================
B.A. Nos. 4356 and 4316 of 2022
========================
Dated this the 17th day of June, 2022
ORDER
These are applications for regular bail under Section
439 of Cr.P.C.
2. Petitioner in BA No. 4356/2022 is the first
accused while petitioner in BA No. 4316/2022 is the
second accused in Crime No. 524 of 2022 of Palluruthy
Police Station, Ernakulam. The offences alleged against
them are under Sections 354A(1)(i), 354A(2), 376(2)(n),
376(3) and 506 of the Indian Penal Code and Section
4(2) r/w Section 3(a), Section 6 r/w Section 5(l), Section
8 r/w Section 7 of the Protection of Children from Sexual
Offences Act, 2012. The third accused in the case is yet
to be arrested.
3. The prosecution case is that, on 09.10.2019
B.A. Nos. 4356 and 4316 of 2022
the 1st accused committed penetrative sexual assault on
the defacto complainant at her house which was
repeated on two other occasions in January and March of
2020. Thereafter, the 2nd accused under the promise of
marriage committed sexual intercourse with the victim
several times between 06.12.2021 to 17.01.2022 and
thereby both accused committed the offences alleged
against them. The 3rd accused is another person and as
mentioned earlier has not yet been arrested and is
alleged to be staying abroad.
4. Smt. D. Leema Rosy, the learned counsel for
the 1st accused and Sri. T.P.Pradeep, the learned counsel
for the 2nd accused submitted that, petitioners are totally
innocent of the allegations levelled against them and
that, the actual culprit is the 3 rd accused, who is staying
abroad. It was further submitted that, petitioners were in
a relationship with the victim at different points of time
and that they have been wrongly arrayed as accused in
the instant case.
B.A. Nos. 4356 and 4316 of 2022
5. Sri. Noushad K.A, the learned Public Prosecutor
on the other hand contended that, petitioners are
arrayed as accused in a serious crime and that if they
are released on bail, they will be a threat to the victim.
The learned Public Prosecutor also submitted that, the 1 st
accused was arrested on 19.04.2022, while the 2 nd
accused was arrested on 20.04.2022.
6. On appreciating the contentions raised by the
learned counsel on either side, I notice that the 1 st
accused is a boy of 20 years while the 2 nd accused is only
23 years. The investigation, as far as the petitioners are
concerned, is almost completed.
7. A perusal of the case diary reveals that prima
facie there are materials on record to connect the
petitioners with the crime. However, since petitioners
were remanded to judicial custody on 19.04.2022 and
20.04.2022 respectively, I am of the view that the
continued detention of the petitioners is not required in
the circumstances of the case. Therefore, the petitioners
B.A. Nos. 4356 and 4316 of 2022
are entitled to be released on bail.
8. In the result, these bail applications are
allowed on the following conditions:-
(i) Petitioners shall be released on bail on them
executing a bond for Rs.50,000/- (Rupees fifty thousand
only) each, with two solvent sureties each for the like
sum to the satisfaction of the court having jurisdiction.
(ii) Petitioners shall appear before the
Investigating Officer as and when required;
(iii) Petitioners shall not intimidate or attempt to
influence the witnesses; nor shall they tamper with the
evidence or contact the victim or her family members;
(iv) Petitioners shall not commit any offence while
they are on bail.
(v) Petitioners shall not leave India without the
permission of the Court having jurisdiction.
(vi) Petitioners shall not enter the limits of
Palluruthy Police Station.
In case of violation of any of the above conditions,
B.A. Nos. 4356 and 4316 of 2022
the jurisdictional Court shall be empowered to consider
the application for cancellation, if any, and pass
appropriate orders in accordance with the law,
notwithstanding the bail having been granted by this
Court.
Sd/-
BECHU KURIAN THOMAS
JUDGE
LU
B.A. Nos. 4356 and 4316 of 2022
APPENDIX OF BAIL APPL. 4356/2022
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER OF
DISMISSAL PASSED BY THE HON'BLE
ADDITIONAL DISTRICT AND SESSIONS
COURT IN CMP 322/2022 DATED
19.05.2022.
ANNEXURE 2 TRUE COPY OF THE JUDGMENT OF THE
HON'BLE HIGHCOURT OF KERALA IN JOY
V.S. STATE OF KERALA, REPORTED IN
2019(2) KHC 66
B.A. Nos. 4356 and 4316 of 2022
APPENDIX OF BAIL APPL. 4316/2022
PETITIONER ANNEXURES
ANNEXURE 1 CERTIFIED COPY OF THE ORDER DATED
19.05.2022 IN C.M.P NO. 334/2022 AND
C.M.P NO. 322/2022.
// True Copy // PA To Judge
