IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 4698 of 2008()
1. LISSY TOMY, AGED 40 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. CIRCLE INSPECTOR OF POLICE,
For Petitioner :SRI.BIJU PONTAYIL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MRS. Justice K.HEMA
Dated :30/07/2008
O R D E R
K.HEMA, J.
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B.A. Nos.4698 & 4707 of 2008
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Dated this the 30th day of July, 2008
O R D E R
These petitions are for bail.
2. Petitioner in B.A.No.4698/08 is the first accused and
petitioner in B.A.No.4707/08 is the second accused in the same
crime. The alleged offences are under Sections 366A, 376, 506
(I), 372, 373 and 34 IPC. Petitioners are accused nos.1 and 2.
According to the prosecution, the defacto complainant’s daughter
is the victim in this case. She used to be taken by the first
accused to her house and also to the house of the second
accused and her husband, from where, the minor girl was forced
to have illicit relationship with many persons on many occasions.
Later, the girl died on 5.5.2008 due to AIDS.
3. Learned counsel for the first accused submitted that
she is totally innocent of the allegations made. According to her,
the first accused is none other than the victim’s mother’s cousin.
It is submitted that the girl was subjected to sexual abuse by her
stepfather at her house and hence, her mother entrusted the girl
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to the custody of the first accused, for the safety of the child.
The first accused’s daughter was working as a maid servant in
the house of the second accused. But, after her marriage, she
stopped the work and hence, the first accused sent the alleged
victim to the second accused’s house as a maid servant.
4. This was done because the girl was in the habit of
going out of the house and getting engaged in immoral activities
and this was taken note of by the first accused. In spite of all the
warnings by the first accused, she continued the immoral
activities and hence, she warned her that she would be sent
back to her own house. She was twice suspended from the
school because of her loose character. After she went to the
house of the second accused also, the alleged victim continued to
carry on with the immoral activities, despite warning. But, after
the death of the girl, the defacto complainant and her husband
started going to the house of the first and the second accused
and demanding money. When they refused to heed to the
demands, they were threatened and thereafter, a false complaint
was filed making absolutely false allegations, it is submitted.
BA No.4698/08 3
5. According to defacto complainant, she came to know
about all the allegations much before the death of the girl, when
she was hospitalised in the hospital at Kottayam. But, she gave
the First Information Statement only much after the girl died, at
Theni Medical College hospital. The death was on 5.5.2008 but,
the complaint was given only on 27.5.2008. This case is an
absolutely false and fabricated one, it is submitted. Learned
counsel for the first accused also submitted that the first
accused’s daughter delivered a baby recently and there is no one
to look after her and hence, she may be released on bail. She
was arrested on 9.6.2008. It is also pointed out by learned
counsel for the first accused that the dead body of the girl was
cremated so as to destroy evidence, though as per the custom in
the Christian community, dead body is to be buried. The girl’s
mother is a Christian. Learned counsel for the second accused
also supported the same arguments and submitted that she
may also be released on bail.
6. This petition is strongly opposed. Learned Director
General of Prosecution submitted that the case set up by the
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defence is an absolutely cooked up, fanciful and concocted story.
Firstly, it is pointed out that the girl does not have a step father,
but, the defacto complainant’s husband is her own father. It is
also submitted that girl’s father is a Hindu and in Hindu
Community, dead body is cremated and not buried. It is also
submitted that several persons are involved in the offence and
the details of the mobile phone are obtained during investigation
which will show that the alleged victim who was a girl aged only
14 years was in possession of a mobile phone and hundreds of
phone calls were made by first and second accused to the girl. It
is also submitted that only eight persons are so far arrested but,
it is learnt during investigation that innumerable persons are
involved in the racket and hence, if the petitioners are released
on bail at this stage, the evidence will be tampered with and the
witnesses will be influenced or threatened. Therefore, the
investigation will be adversely affected by grant of bail to
petitioners at this stage. Hence, the state requests this Court to
refuse bail to the petitioners until the trial is over, in the interest
of the public at large, it is submitted.
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7. On hearing both sides, on consideration of the peculiar
facts and circumstances of this case, the nature of the offence
committed, investigation required, the possibility of the evidence
being tampered with, witnesses being influenced or threatened,
the innumerable persons who are subjected to be involved and to
be arrested etc., I am satisfied that it is not a fit case to grant
bail to the petitioners at this stage.
Both petitions are dismissed.
K.HEMA, JUDGE
csl