IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5902 of 2007()
1. VIMAL KUMAR @ VIMAL,S/O.MOHANAN,
... Petitioner
Vs
1. STATE OF KERALA REP.BY PUBLIC PROSECUTOR
... Respondent
2. CIRCLE INSPECTOR PULINKUNNU POLICE
For Petitioner :SRI.ARUN.B.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :01/10/2007
O R D E R
R. BASANT, J.
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B.A.No. 5902 of 2007
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Dated this the 1st day of October, 2007
O R D E R
Application for regular bail. The petitioner faces allegations,
inter alia, under Sections 452 and 376 I.P.C. The alleged incident
took place on 14.8.2006. The petitioner is a young man aged about
23 years. The victim is a woman aged 45 years and a neighbour of
the petitioner. The victim lady owed certain amounts to the
petitioner. The petitioner was demanding return of the amount. On
the date of the incident, i.e. on 14.8.2006, the petitioner allegedly
demanded return of the amount. The victim was not able to return.
Enraged by that, he allegedly trespassed into the house of the defacto
complainant, threatened her and he allegedly raped her. Hearing her
cries, the local people had assembled. They had taken the victim to
the hospital. There the F.I. statement was lodged and crime was
registered. The petitioner was absconding. Long later, he was
arrested on 14.9.2007. He continues in custody from that date.
2. The learned counsel for the petitioner submits that the
petitioner is absolutely innocent. He has been in custody from
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14.9.2007. The incident had taken place as early as on 14.8.06. In these
circumstances the petitioner may now be enlarged on bail, prays the learned
counsel.
3. The learned Prosecutor opposes the application. The allegations
raised are grave and serious. Great depravity of mind is reflected in the
alleged occurrence. Investigation is not complete. The petitioner may not,
in these circumstances, be enlarged on bail, submits the Prosecutor.
4. The petitioner was absconding all along. The investigation
reveals that there are certain antecedents which must also stand in the way
of regular bail being granted to the petitioner at this early stage.
Considering the nature of the crime and antecedents of the petitioner, he
may not be enlarged on bail at this stage, submits the Prosecutor.
3. In the facts and circumstances of this case, I find merit in the
opposition by the learned Prosecutor. I am satisfied that the petitioner is
not entitled for bail at this stage. In a serious crime like this the
Investigators may be given sufficient and reasonable time to complete the
investigation as submitted by the Prosecutor.
4. This application is, in these circumstance, dismissed. But I may
hasten to observe that the petitioner shall be at liberty to move the court for
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bail again at a later stage of the investigation, not at any rate, prior to
15.10.2007. The Investigators shall, in the meantime, make every
endeavour to complete the investigation.
(R. BASANT)
Judge
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