IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl..No. 1684 of 2010()
1. MOHAN P.MATHEWS,S/O.MATHEWS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. SUB INSPECTOR OF POLICE,
For Petitioner :SRI.VINOY VARGHESE KALLUMOOTTILL
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice K.T.SANKARAN
Dated :24/03/2010
O R D E R
K.T.SANKARAN, J.
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B.A. NO. 1684 OF 2010
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Dated this the 24th day of March, 2010
O R D E R
This is an application for anticipatory bail under Section 438 of
the Code of Criminal Procedure. The petitioner is accused No.2 in
Crime No.972 of 2009 of Thiruvalla Police Station, Pathanamthitta
District.
2. The offence alleged against the accused is under Section
376 read with Section 34 of the Indian Penal Code.
3. Originally, the case was registered under the caption
“woman missing”. The girl was a working girl. Since she did not
return to her house on 5.11.2009, her father reported the matter to
the police. The police found out the girl. It is stated that she was in
love with the first accused. Under the pretext that they could spend
some time merrily, she was taken on a bike by the first accused.
Pretending that the bike had undergone some break down, it was
stopped near a bridge, where house boats were available. She was
cleverly taken inside the house boat. At that time, two or more
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persons were available in the house boat. They stated that the room
of the first accused was a neighbouring one. The girl was taken to
that room. The allegation is that she was raped by the first accused.
Thereafter, the first accused went on his bike. The girl was taken in
a car. In the car, she was sexually abused by the second accused.
She was taken to a lodge, where she was raped by the other
accused.
4. The learned counsel for the petitioner submitted that the
prosecution version is not true. There is delay in lodging the First
Information Statement. It is further stated that the story put forward
by the de facto complainant and also the victim cannot be believed,
that there was no incident as alleged by the prosecution and that
there is no material to connect the petitioner with the offence.
5. While disposing of an application for anticipatory bail,
meticulous analysis of all the facts and circumstances cannot be
made. Such a course can be adopted and findings could be
rendered only after trial. More over, if any finding or observation is
made while disposing of the application for anticipatory bail, it would
cause prejudice either to the prosecution or to the defence.
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6. I am not dealing with the contention raised by the counsel
for the petitioner that there was delay in lodging the First Information
Statement. That is a matter to be considered by the court at the time
of trial. At the same time, it is to be noted that the father of the girl
reported the matter to the police on the next day. In the First
Information Statement, it is mentioned that he had gone to the place
where the girl was working and enquired with the persons who were
found there as to where the girl had gone. He has made other
enquiries also. The educational background and the social
background of the victim as well as the de facto complainant are also
to be taken note of in this context. I am not inclined to accept the
contention of the petitioner that there are no materials, prima facie,
to connect the petitioner with the alleged offence.
7. In a grave offence of this nature, I do not think that
anticipatory bail can be granted to the petitioner. Custodial
interrogation of the petitioner may be required in the case. I am of
the view that this is not a fit case where anticipatory bail can be
granted to the petitioner. Going by the allegations levelled against
the petitioner, I am of the view that the petitioner is not entitled to the
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discretionary relief under Section 438 of the Code of Criminal
Procedure.
For the aforesaid reasons, the Bail Application is dismissed.
(K.T.SANKARAN)
Judge
ahz/