Kerala High Court
Vineeth.N vs State Of Kerala on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
BAIL APPL. NO. 3665 OF 2022
AGAINST THE ORDER/JUDGMENT IN CMP 3113/2021 OF DISTRICT COURT &
SESSIONS COURT,THRISSUR
Bail Appl. 513/2022 OF HIGH COURT OF KERALA
PETITIONER/S:
VINEETH.N
AGED 23 YEARS
S/O. NEPOLEAN, AGED 23 YEARS, 1/28,
KALIYAMMAN KOVIL STREET, METTUPATTI,
LALGUDI, TRICHY, TAMIL NADU., PIN - 620001
BY ADV T.U.SUJITH KUMAR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 THE STATION HOUSE OFFICER
MEDICAL COLLEGE POLICE STATION,
THRISSUR DISTRICT., PIN - 680596
OTHER PRESENT:
SR.PP M.K PUSHPALATHA
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 3665 OF 2022
2
BECHU KURIAN THOMAS, J.
========================
B.A. No. 3665 of 2022
========================
Dated this the 31st day of May, 2022
ORDER
This is an application for regular bail under Section
439 of Cr.P.C.
2. Petitioner is the 4th accused in Crime No.82 of
2021 of Medical College Police Station, Thrissur. The final
report in the said crime has been filed and the case is
now numbered as SC No. 284/2022 before the 1st
Additional District & Sessions Court, Thrissur. The
offences alleged are under Sections 363, 354, 354(D),
370, 376(1), 376(2)(I) of the Indian Penal Code and
Sections 7, 8, 10, and 12 of the POCSO Act, 2012.
3. The prosecution case is that, petitioner was
acquainted with the victim who was a minor girl through
social networking application called 'Instagram'. Later,
on 09.01.2020, petitioner induced the victim and
kidnapped her to Coimbatore where he, committed rape
BAIL APPL. NO. 3665 OF 2022
on her, consequent to which the victim became pregnant.
It is also alleged that the victim had mental health issues.
4. Sri. Pradeep Jayaraman, the learned counsel
for the petitioner submitted that, petitioner is totally
innocent of the allegations levelled against him and that,
the nature of the victim was such that, she had
relationships with other persons and that, petitioner has
been wrongly arrayed as an accused in the instant case.
5. Smt. M.K. Pushpalatha, the learned Public
Prosecutor on the other hand submitted that, the de facto
complainant became pregnant consequent to the rape
and that the DNA sample, was found matching with that
of the petitioner. It was argued that the DNA report is
conclusive proof that petitioner committed rape on the
minor victim who was, at that point of time, below the
age of 18 years. The learned Public Prosecutor also
submitted that, if the petitioner is granted bail he may
not even be available for trial, since he belongs to Tamil
Nadu. It was argued that there is every possibility that
BAIL APPL. NO. 3665 OF 2022
petitioner may abscond and it will not be possible to
ensure his presence at the time of trial. On the above
basis, the learned Public Prosecutor sought for dismissal
of the bail application.
6. The petitioner was arrested on 03.11.2021. The
petitioner is a young man of 23 years. According to the
learned counsel for the petitioner, he has already married
another lady. The prosecution case itself indicates
presence of other accused allegedly involved with the
victim. Those other accused are already out on bail, as
submitted by the learned counsel.
7. Considering the custody of the petitioner from
03.11.2021 and also the fact that, the final report has
already been filed, I am of the view that, the
circumstances arising in the case, warrants the grant of
bail to the petitioner on strict conditions.
8. Accordingly, this bail application is allowed on
the following conditions;
(i) Petitioner shall be released on bail on him
BAIL APPL. NO. 3665 OF 2022
executing a bond for a sum of Rs.1,00,000/-(Rupees one
lakh only) with two solvent sureties each for the like sum
to the satisfaction of the Trial Court in SC No. 284/2022
before the 1st Additional District & Sessions Court,
Thrissur.
(ii) Petitioner shall surrender his passport if he has
any, and if he does not possess a passport, he shall file
an undertaking to that effect and shall not move out of
the country without obtaining prior permission from the
Trial Court.
(iii) One of the sureties shall be the present wife of
the petitioner or his immediate relative. The petitioner
shall also provide his present mobile number as well as
that of his wife or immediate relative in the form of an
affidavit before the Trial Court.
(iv) Petitioner shall not intimidate, threaten or
attempt to contact the witnesses or the victim.
(v) Petitioner shall appear before the Investigating
Officer as and when demanded.
BAIL APPL. NO. 3665 OF 2022
(vi) If any of the above conditions are violated by
the petitioner, the jurisdictional Court can cancel the bail
in accordance with law, even though the bail is granted
by this Court.
The bail application is allowed as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
LU
BAIL APPL. NO. 3665 OF 2022
APPENDIX OF BAIL APPL. 3665/2022
PETITIONER ANNEXURES
ANNEXURE-A1 A TRUE COPY OF THE ORDER DATED
16.12.2021 IN CRL.M.P NO. 3113 OF
2021 OF THE 1ST ADDITIONAL SESSIONS
COURT, THRISSUR.
ANNEXURE-A2 A TRUE COPY OF THE ORDER DATED
04.03.2022 IN BAIL APPLICATION NO.
513 OF 2022 OF THIS HON'BLE COURT.
// True Copy // PA To Judge
