IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 5064 of 2007()
1. VISAKH BABU, S/O.BABU, AGED 19 YEARS,
... Petitioner
Vs
1. STATE OF KERALA THORUGH THE CIRCLE
... Respondent
For Petitioner :SRI.V.V.RAJA
For Respondent :PUBLIC PROSECUTOR
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. 5064 of 2007
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Dated this the 23rd day of August, 2007
ORDER
Application for regular bail. The petitioner – a person
aged about 19 years, now faces allegations for offences
punishable, inter alia, under Secs.376 and 306 of the IPC. A
girl aged about 14 years – sister of a close friend of the
petitioner, committed suicide on 23/6/07. She committed
suicide by hanging. An F.I.R. was registered under the
caption “unnatural death” and enquiry under Sec.174 of the
Cr.P.C. commenced. The post-mortem certificate allegedly
revealed that the girl was used to sexual intercourse. The
eyes of suspicion fell on the petitioner. Certain materials have
been collected to indicate that the petitioner was in love with
the deceased girl. There are indications to suggest that the
petitioner had sexual intercourse with that girl. The girl being
one aged below 14 years, if sexual intercourse is indicated,
that must be held to amount to an offence of rape under law.
B.A. NO. 5064 of 2007 -: 2 :-
The petitioner was arrested on 26/7/07. He continues in custody
from that date.
2. The learned counsel for the petitioner submits that even
accepting the entire allegations, the petitioner does not deserve
to be detained in custody any longer. He is also a very young
person. He is a student of Plus 2 course in the same school in
which the deceased was a 9th Standard student. Even accepting
all the allegations, the learned counsel for the petitioner submits
the petitioner does not deserve to continue in custody.
Appropriate conditions may be imposed and the petitioner may
be enlarged on bail, submits the learned counsel for the
petitioner.
3. The learned Public Prosecutor opposes the application.
The learned Public Prosecutor submits that the allegations
reveal great depravity of mind. The petitioner was the friend
of the 14 year old girl. He had exploited the relationship and
had indulged in sexual intercourse with that girl below the age of
consent. This amounts to an offence of rape. Her suicide is also
attributable to such relationship. Therefore, the offence under
Sec.306 of the IPC is also revealed. In these circumstances, the
petitioner may not be enlarged on bail, urges the learned Public
B.A. NO. 5064 of 2007 -: 3 :-
Prosecutor.
4. I have considered all the relevant inputs.
Notwithstanding the opposition by the learned Public
Prosecutor, I am satisfied that the petitioner, in his late teens,
can now be released on bail subject to appropriate terms and
conditions. In coming to this conclusion, I have taken note of
all the relevant inputs including the nature and gravity of the
allegation, the quality and quantum of the materials collected,
the age of the petitioner as well as the deceased, the fact that
they were both students of the same school and the stage of
investigation. Appropriate conditions can be imposed to allay
any legitimate apprehensions of the Investigator/the learned
Public Prosecutor.
5. 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
B.A. NO. 5064 of 2007 -: 4 :-
interrogation before the Investigating Officer on all Mondays and
Fridays between 10 a.m. and 12 noon for a period of three
months.
(iii) The petitioner shall not enter the jurisdiction of the
Pooyappally Police Station until further orders without prior
permission of the learned Magistrate, except for the purpose of
complying with Condition No.(ii) above.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge