Jaison Sebastian vs State Of Kerala
2023 Latest Caselaw 11748 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM


                             PRESENT


              THE HONOURABLE MR. JUSTICE GOPINATH P.


  THURSDAY, THE 16TH DAY OF NOVEMBER   2023 / 25TH KARTHIKA, 1945


                   BAIL APPL. NO. 8974 OF 2023


   CRIME NO.104/2023 OF VANITHA POLICE STATION, IDUKKI, Idukki


AGAINST THE ORDER/JUDGMENT CMP 6758/2023 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS , KATTAPPANA


PETITIONER/1ST ACCUSED:

           JAISON SEBASTIAN AGED 47 YEARS S/O DEVASSIA,
           KOODAPPUZHA VEEDU,
           THAVALKATTUPADIBHAGOM,VELLIYANKUDIKARA, KATTAPPANA
           VILLAGE,IDUKKI., PIN - 685515
           BY ADVS. SASTHAMANGALAM S. AJITHKUMAR V.S.THOSHIN
           SATHEESH MOHANAN SREEJITH S. NAIR MAHIMA

RESPONDENT/COMPLAINANT:

           STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH
           COURT OF KERALA, PIN - 682031



           SRI G. SUDHEER (PP)

     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 1
 B.A.No.8974 of 2023
                                       2




                                   ORDER

The petitioner is the sole accused in Crime

No.104 of 2023 of Vanitha Police Station, Idukki

District, alleging commission of offences under

Sections 450, 354A, 342, 376, 376(1) and 506(1) of

the IPC. The allegation against the petitioner is that in

between January 2022 and May 2022, the accused

trespassed into the house of the defacto

complainant/victim and committed rape on her.

2. Learned counsel appearing for the petitioner

would submit that the petitioner is absolutely innocent

in the matter. It is submitted that the petitioner and

the victim are close relatives. It is submitted that the

defacto complainant/alleged victim is having some

psychological issues and at her instance four other

cases alleging commission of similar offences has been B.A.No.8974 of 2023

registered against four other persons. It is submitted

that the petitioner has been in custody from

04.10.2023 and continued detention of the petitioner is

not necessary for the purpose of investigation.

3. The learned Public Prosecutor opposes the

grant of bail. It is submitted that the allegations

against the petitioner are serious. It is submitted that

investigation is only progressing and a clearer picture

will be available only after the investigation is

completed. It is submitted that in the final reports

filed in respect of four other crimes registered at the

instance of the same defacto complainant/victim, there

is a finding that the victim is suffering from Down

Syndrome. It is stated that she has the intellectual

capacity of a child of 9 years and 11 months only. It is

submitted that at present there is nothing to suggest

that the allegations raised against the petitioner are

false. It is submitted that the grant of bail to the

petitioner at this stage may not be conducive to the B.A.No.8974 of 2023

investigation.

Having heard the learned counsel for the

petitioner and the learned Public Prosecutor, I am of

the view that the petitioner can be granted bail subject

to conditions. The allegations against the petitioner

are as noticed above. The petitioner has been in

custody from 04.10.2023. it appears that four other

cases have been registered against four different

people on the complaint of the very same defacto

complainant/victim. The petitioner is a close relative

of the defacto complainant/victim. The question as to

whether the petitioner has committed the offences

alleged against him is a matter to be decided at the

trial. However, since the circumstances are as above

and since the continued detention of the petitioner

does not appear to be necessary for the purpose of

investigation, the petitioner can be granted bail subject

to conditions. The only apprehension can be that the

petitioner may influence or intimidate the victim as the B.A.No.8974 of 2023

petitioner is a close relative of the defacto

complainant/victim. That can be taken care of by

imposing suitable conditions.

In the result this bail application is allowed.

It is directed that the petitioner shall be released on

bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees fifty thousand only) with two

solvent sureties each for the like sum to the

satisfaction of the Jurisdictional Court;

(ii) The petitioner shall report before the Investigating

officer in Crime No.104 of 2023 of Vanitha Police

Station, Idukki District, as and when summoned to do

so;

(iii) The petitioner shall not attempt to influence or

intimidate any witness in Crime No.104 of 2023 of

Vanitha Police Station, Idukki District;

(iv) The petitioner shall not involve in any other crime

while on bail.

B.A.No.8974 of 2023

(v) The petitioner shall not enter the local limits of

Kattappana Police Station until further orders.

If any of the aforesaid conditions are violated, the

Investigating officer in Crime No.104 of 2023 of

Vanitha Police Station, Idukki District, may file an

application before the jurisdictional Court for

cancellation of bail.

Sd/-

GOPINATH P.

JUDGE SSK/16/11 B.A.No.8974 of 2023

APPENDIX OF BAIL APPL. 8974 /2023

PETITIONER ANNEXURES

Annexure 1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO.104/2023 OF VANITHA POLICE STATION, IDUKKI DISTRICT. ANNEXURE 2 TRUE COPY OF ORDER IN CMP NO.6758/2023 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KATTAPPANA