High Court Kerala High Court

Vinod vs The Sub Inspector Of Police on 25 March, 2008

Kerala High Court
Vinod vs The Sub Inspector Of Police on 25 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Bail Appl No. 1718 of 2008()


1. VINOD, S/O. VILASINI,
                      ...  Petitioner

                        Vs



1. THE SUB INSPECTOR OF POLICE,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SRI.SALIM V.S.

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :25/03/2008

 O R D E R
                              R.BASANT, J
                      ------------------------------------
                       B.A.No.1718 of 2008
                      -------------------------------------
               Dated this the 25th day of March, 2008

                                  ORDER

Application for anticipatory bail. Petitioner faces allegations

in a crime registered alleging offences punishable under Section

376 I.P.C and 3(1)(xii) of the Scheduled Castes/Scheduled Tribes

(Prevention of Atrocities) Act. The petitioner is a person aged

about 27 years. The victim/defacto complainant is a girl born on

09.02.91 as per her school register. The alleged incident took

place on 11.03.07 and thereafter on a couple of days. The

petitioner had induced the victim to go to his house on the

representation that someone has called her over the telephone.

When she went to his bedroom, the door was closed and she was

raped. This continued for a couple of days. Long later the

defacto complainant lodged a complaint and the crime was

registered on 20.05.07. Investigation is in progress. The

petitioner apprehends imminent arrest.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. The facts and circumstances of

this case must impress upon this Court, the indisputable fact that

B.A.No.1718 of 2008 2

the sexual intercourses must have been with the consent of the

girl who had crossed the aged of consent ie. 16 years on 9.2.07

going by her age certificates. In any view of the matter, the

petitioner does not deserve to endure the trauma of arrest and

detention. He may be granted anticipatory bail, it is prayed.

3. The learned Public Prosecutor first of all raised a

technical objection that in view of the allegation under Section 3

(1)(xii) of the Scheduled Castes/Scheduled Tribes (Prevention of

Atrocities) Act and in the light of Section 18 of the said Act,

anticipatory bail cannot be granted to the petitioner. But for the

offence under Section 376 I.P.C also, the petitioner cannot be

granted anticipatory bail considering the young age of the girl and

the nature of the allegations that have been raised against the

petitioner.

4. I have considered all the relevant inputs. I am not

persuaded to agree that the petitioner is entitled for grant of

anticipatory bail. I agree with the learned Public Prosecutor that

Section 18 of the Scheduled Castes/Scheduled Tribes (Prevention

of Atrocities) Act is a complete bar to the claim for anticipatory

bail of the petitioner who faces allegations under Section 3(1)(xii)

of the said Act. I am satisfied, in these circumstances, that this is

B.A.No.1718 of 2008 3

a fit case where the petitioner must appear before the learned

Magistrate having jurisdiction or the Investigating Officer and then

seek regular bail in the normal and ordinary course.

5. This application is, in these circumstances, dismissed,

but I may hasten to observe that if the petitioner surrenders

before the Investigating Officer or the learned Magistrate and

applies for bail after giving sufficient prior notice to the Prosecutor

in charge of the case, the learned Magistrate must proceed to

pass appropriate orders on merits and expeditiously.

(R.BASANT, JUDGE)
rtr/-