IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5122 of 2007()
1. B.R.JYOTHISH,S/O. LATE BHANUPANICKER,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
For Petitioner :SRI.S.GOPAKUMARAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :23/08/2007
O R D E R
R. BASANT, J.
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B.A. NO. 5122 of 2007
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Dated this the 23rd day of August, 2007
ORDER
Application for regular bail. The petitioner is the 6th
accused and he faces allegations along with other accused
persons for offences punishable, inter alia, under Sec.376 of
the IPC. The crux of the allegations is that the victim – a girl
aged about 19 years – an inmate of the “after care home”, was
taken away from the after care home by the 1st accused – a
relative of hers and her husband – the 2nd accused. They
allegedly offered the girl for sexual intercourse to various
persons including the petitioner herein. The petitioner herein
is alleged to have had sexual intercourse with the said victim.
There is no specific case that it was a sexual intercourse
without the consent of the victim; but the allegation is that she
was forced to yield to the request of A1 and A2 to consent to
such sexual intercourse. A1 and A2 are allegedly guilty of
collecting money from the persons who had sexual intercourse
B.A. NO. 5122 of 2007 -: 2 :-
with the victim.
2. The learned counsel for the petitioner submits that the
petitioner – an official of Prison Department, is absolutely
innocent. He had not gone to the victim to have sexual
intercourse with her. Even assuming the worst and accepting
all the allegations of the prosecution, the petitioner is only
alleged to have had sexual intercourse with a woman who had
consented to such sexual intercourse at the instance of some
others who were allegedly making use of her. There is nothing
to show that there was any amount of resistance or want of
inclination on the part of the victim when she allegedly entered
into the sexual intercourse with that person who it is now
alleged was the petitioner. The petitioner was arrested on 5/8/07
and he continues in custody from that date.
3. The learned counsel for the petitioner prays, the learned
Public Prosecutor does not oppose the said prayer and I am
satisfied that the petitioner can now be enlarged on bail subject,
of course, to appropriate conditions. In the absence of
opposition, it is not necessary for me to advert to the facts in any
greater detail. Suffice it to say that the learned Public
Prosecutor has taken me through the crucial and salient aspects
B.A. NO. 5122 of 2007 -: 3 :-
available in the Case Diary.
4. In the result:
(a) The application is allowed.
(b) The petitioner shall be released on bail on the following
terms and conditions:
(i) The petitioner shall execute a bond for Rs.25,000/- with
two solvent sureties each for the like sum to the satisfaction of
the learned Magistrate.
(ii) The petitioner shall make himself available for
interrogation before the Investigating Officer on all Mondays
between 10 a.m. and 12 noon for a period of one month and
thereafter as and when directed by the Investigating Officer in
writing to do so.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge