{"id":271305,"date":"2008-08-13T00:00:00","date_gmt":"2008-08-12T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/santosh-madhavan-amrutha-vs-circle-inspector-of-police-on-13-august-2008"},"modified":"2014-01-19T09:41:46","modified_gmt":"2014-01-19T04:11:46","slug":"santosh-madhavan-amrutha-vs-circle-inspector-of-police-on-13-august-2008","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/santosh-madhavan-amrutha-vs-circle-inspector-of-police-on-13-august-2008","title":{"rendered":"Santosh Madhavan @ Amrutha … vs Circle Inspector Of Police on 13 August, 2008"},"content":{"rendered":"
Kerala High Court<\/div>\n
Santosh Madhavan @ Amrutha … vs Circle Inspector Of Police on 13 August, 2008<\/div>\n
       \n\n  \n\n  \n\n \n \n  IN THE HIGH COURT OF KERALA AT ERNAKULAM\n\nBail Appl..No. 5054 of 2008()\n\n\n1. SANTOSH MADHAVAN @ AMRUTHA CHAITHANAYA\n                      ...  Petitioner\n\n                        Vs\n\n\n\n1. CIRCLE INSPECTOR OF POLICE\n                       ...       Respondent\n\n2. STATE OF KERALA\n\n                For Petitioner  :SRI.S.GOPAKUMARAN NAIR (SR.)\n\n                For Respondent  :PUBLIC PROSECUTOR\n\nThe Hon'ble MRS. Justice K.HEMA\n\n Dated :13\/08\/2008\n\n O R D E R\n                               K.HEMA, J.\n\n                  -----------------------------------------\n\n                        B.A.No. 5054 of 2008\n\n                  -----------------------------------------\n\n                 Dated this the 18th August, 2008\n\n                                O R D E R\n<\/pre>\n
      This is the second application for bail filed by petitioner. The<\/p>\n
petitioner was taken into custody on 13.5.2008 at 3 p.m. in<\/p>\n
connection with Crime no.897 of Central Police Station registered<\/p>\n
under Section 420<\/a> IPC on a complaint lodged by a non-resident<\/p>\n
Indian lady about five year back.          Thereafter, a complaint was<\/p>\n
lodged by de facto complainant, aged 16 years, on 18.5.2008<\/p>\n
against    petitioner alleging, inter alia, that she belongs to a<\/p>\n
financially poor family and she was housed in a hostel run by the<\/p>\n
petitioner and the entire expenses were met by him to pursue her<\/p>\n
studies.   Exploiting the    poor financial condition, he promised to<\/p>\n
arrange a visa and job for her sister abroad and he also met her<\/p>\n
mother’s treatment expenses.          Both the girls were procured by<\/p>\n
petitioner’s driver under some pretext or other. On one particular<\/p>\n
day, in 2006, the petitioner sexually tortured de facto complainant<\/p>\n
from his flat at the age of 14 years.          Thereafter, the acts were<\/p>\n
repeated on several other occasions also, till April 2008. She did<\/p>\n
not divulge the details to anybody since petitioner was rich and<\/p>\n
    BA.5054\/08                       2<\/span><\/p>\n
influential. Later, when news flashed in media about petitioner’s<\/p>\n
criminal activities, a complaint was lodged by de facto complainant<\/p>\n
on 18.5.2008, after arrest of the petitioner. A crime was registered<\/p>\n
under Section 336A<\/a>, 376<\/a> and 34<\/a> of IPC.\n<\/p>\n
      2. The petitioner was taken into custody on 13.5.2008 by the<\/p>\n
police, and he was remanded to judicial custody.      Learned counsel<\/p>\n
for the petitioner     submitted that the petitioner has undergone<\/p>\n
detention for a period of more than 90 days now and investigation is,<\/p>\n
admittedly, over and charge sheet is also filed. Therefore,<\/p>\n
petitioner’s detention is not required for the purpose of investigation.<\/p>\n
It is also submitted that except       the four rape cases registered<\/p>\n
against him, he is on bail in all other cases.\n<\/p>\n
      3. The petitioner undertakes that he will not influence any<\/p>\n
witness or victim; he is prepared to abide by any condition if he is<\/p>\n
released on bail; he is prepared to take a house near the police<\/p>\n
station and be on police surveillance, and if so ordered, he is even<\/p>\n
prepared to stay outside Kerala State, it is submitted.          He is<\/p>\n
prepared even to remain in his house without any contact with the<\/p>\n
outside world, with his house. For that purpose, he is willing to<\/p>\n
discontinue use of telephone also. He will not tamper with evidence<\/p>\n
or intimidate or influence witnesses, as alleged by the prosecution,<\/p>\n
    BA.5054\/08                      3<\/span><\/p>\n
it is submitted.\n<\/p>\n
       4. This petition is opposed. Learned Director General of<\/p>\n
Prosecution submitted that petitioner is involved in three more rape<\/p>\n
cases and also various other type of crimes and he is highly<\/p>\n
influential. He was posing himself as a `God man’ and under that<\/p>\n
pretext, he was exploiting financially poor girls, including minors<\/p>\n
sexually. If the petitioner is released on bail, it is likely that victims<\/p>\n
and witnesses will be influenced by the petitioner and hence he<\/p>\n
may not be released on bail till the trial is over. According to him, it<\/p>\n
is not advisable to release him on bail, even on conditions.<\/p>\n
       5. Heard both sides and perused the case diary. For taking a<\/p>\n
decision in this case, it is necessary to look into the facts, as<\/p>\n
revealed from the case diary. The case dary shows that the victim<\/p>\n
belongs to a financially poor family, and she was dependent on<\/p>\n
petitioner    because of the poor financial state of her family. Her<\/p>\n
mother’s treatment expenses were met by petitioner and her sister<\/p>\n
(who is another victim at the hands of petitioner) was also ensured a<\/p>\n
job abroad. All arrangements were made by petitioner. During the<\/p>\n
acquaintance,    petitioner   could create a false impression in the<\/p>\n
mind of people who were associated with him, that petitioner had<\/p>\n
divine powers and he is engaged in charitable work. They,<\/p>\n
    BA.5054\/08                        4<\/span><\/p>\n
accordingly, treated him with utmost respect and he was referred to<\/p>\n
as “swamy” (meaning, sanyasi) and he soon took over the position<\/p>\n
of her guardian. Her mother’s confidence was also soon gained by<\/p>\n
petitioner.\n<\/p>\n
      6. So, whenever second accused approached stating that<\/p>\n
“swamy” wanted to meet her, she readily           accompanied him to<\/p>\n
petitioner’s residential flat. In the beginning, she did not know that<\/p>\n
she was procured for venting the lust of the petitioner, who<\/p>\n
disguised himself to be a holy man. The petitioner thus, exploited<\/p>\n
the faith and confidence which        people reposed in him.   At the<\/p>\n
petitioner’s residence, she was raped and was threatened that he<\/p>\n
would expose her if she ever dared to divulge the incident to any<\/p>\n
body. The same episode was repeated subsequently also.<\/p>\n
      7. The complaint was lodged much later, after about two years<\/p>\n
of the incident only because, she was afraid of the petitioner, as he<\/p>\n
is quite rich and influencial. She did not dare to make any complaint<\/p>\n
against him. But, when she heard about petitioner’s arrest, she<\/p>\n
gained courage to give the complaint. The fact that petitioner is<\/p>\n
influential cannot be disputed. It was disclosed at the time of<\/p>\n
arguments that other series of crimes were also registered against<\/p>\n
petitioner and those are under investigation also.<\/p>\n
   BA.5054\/08                         5<\/span><\/p>\n
      8. All these crimes were brought to light only after a complaint<\/p>\n
was filed by a non-resident Indian lady in 2003, alleging that she was<\/p>\n
cheated to the tune of Rs.40 lakhs by petitioner. Though attempts<\/p>\n
were made ever since 2003, for a span of long five years, he could<\/p>\n
not be arrested till May 2008. The petitioner was freely moving<\/p>\n
around in and outside this city of Kochi and he was also involved in<\/p>\n
real-estate business and he was available at various places. Still,<\/p>\n
petitioner who was a ‘wanted criminal’ for whom intensive search<\/p>\n
was made by Interpol could not be arrested for five long years.<\/p>\n
Evidently, all these must have been possible only because of<\/p>\n
petitioner’s strong influence.\n<\/p>\n
      9. It is true that petitioner is in custody for the past more than<\/p>\n
90 days. It is equally true that his further detention may not be<\/p>\n
required in this case for purpose of investigation since it is already<\/p>\n
over. His liberty is certainly a matter of grave concern for this court<\/p>\n
because it can be denied only in accordance with law. But, the need<\/p>\n
to ensure a fair trial in a case is also an equal responsibility of the<\/p>\n
criminal justice system. In the light of the strong influence which he<\/p>\n
may be able to exert on the victims and the witnesses, it is doubtful<\/p>\n
whether it may be possible to have a fair trial if petitioner is released<\/p>\n
on bail.\n<\/p>\n
   BA.5054\/08                         6<\/span><\/p>\n
      10. To have a fair trial is an assurance which the criminal<\/p>\n
justice system gives not only to the accused, but to the victim also.<\/p>\n
A fair trial does not mean a trial which is fair to one side alone. It<\/p>\n
must take care of the interest of both sides, the victim as well as the<\/p>\n
accused. It has certainly, a promise to fulful to the victims who also<\/p>\n
look forward to a fair trial and delivery of justice, thereafter.    If a<\/p>\n
powerful and influential person is set at large and the freedom given<\/p>\n
to him is likely to be a threat to a fair trial in any manner, I am view<\/p>\n
that the court can curtail such freedom till the trial is over, by<\/p>\n
refusing bail.\n<\/p>\n
      11. It is not some thing new or unknown to this system that<\/p>\n
witnesses change their version during trial and on many occasions, it<\/p>\n
is alleged that this happened because of the strong influence of the<\/p>\n
accused on the victims or the threat on them. We have before us the<\/p>\n
best example in Best Bakery case and the like. There are many<\/p>\n
others in the series. There were at least a few sex racket cases in<\/p>\n
this State itself where voice was raised by public that either the<\/p>\n
victim was influenced or threatened or done away with, directly or<\/p>\n
indirectly by the accused.\n<\/p>\n
      12. The allegation raised in such cases is that victim was<\/p>\n
forced to change version from time time and ultimately the accused<\/p>\n
    BA.5054\/08                      7<\/span><\/p>\n
escaped. But, the victim continues to suffer the shame or the scorn<\/p>\n
of the society and the scar remains permanent in her whole life.<\/p>\n
Even the credibility of the victim and the woman as a whole,<\/p>\n
eventually remains as a big question mark before this system.<\/p>\n
      13. Being a victim of rape is not a happy event for any child or<\/p>\n
woman. Thereafter, to be under pressure of the rich            and the<\/p>\n
influential is also a happier event. Once she gets into the trap of<\/p>\n
the accused after the crime, the ridicule which she is subjected to,<\/p>\n
is yet another painful reality. When a victim changes her stand from<\/p>\n
time to time, being a puppet in the hands of the influential, the court<\/p>\n
ultimately labels her as an incredible witness or a lier or as one who<\/p>\n
is not worthy of any credence. This certificate is issued to the victim<\/p>\n
by the court, which takes great effort in justice delivery, in many<\/p>\n
cases who is hit is a vulnerable minor child also becomes a victim of<\/p>\n
not only rape,    but to the subsequent influence or threat at the<\/p>\n
hands of whose who have already harmed her. The court shall not<\/p>\n
be a convenient tool in the hands of such people.\n<\/p>\n
      14. For all these reasons, I find that it may not be proper to<\/p>\n
release petitioner on bail because it may end up in drastic results. It<\/p>\n
may give petitioner an opportunity to win over the victim or<\/p>\n
witnesses. The vulnerable position in which the they are placed, the<\/p>\n
    BA.5054\/08                        8<\/span><\/p>\n
poor financial condition, gender or social set up etc. are likely to be<\/p>\n
exploited. It is the duty of the court to prevent such possible<\/p>\n
influence or threat on the victims or the witnesses who will be<\/p>\n
forced to change their version. In my view, it may not be an excess if<\/p>\n
the court refuses bail to the accused to prevent another injustice.<\/p>\n
       15. If the accused has to remain in jail till trial is over, and<\/p>\n
thereby if the right of the victim can be protected, I am of view that<\/p>\n
it must be done in the larger public interest.\n<\/p>\n
       16. It is true that several conditions were suggested by learned<\/p>\n
counsel for petitioner which will take care of the apprehension of the<\/p>\n
victim. But, in my view, there is a vast difference when the accused<\/p>\n
is in jail\/judicial custody and he is out of it. It has to be borne in mind<\/p>\n
that the victim did not dare to speak anything against petitioner until<\/p>\n
he was taken into custody. True, learned Director General of<\/p>\n
Prosecution conceded that the victim did not mention that there<\/p>\n
was any threat or influence from petitioner after the registration of<\/p>\n
the crime, at the time of subsequent questioning.          But,   it is not<\/p>\n
clear whether the victim was questioned by the investigating officer<\/p>\n
to ascertain whether there was any such threat or not. The absence<\/p>\n
of influence or threat is a negative fact which a person may not<\/p>\n
voluntarily disclose, unless he or she is specifically asked about it.<\/p>\n
   BA.5054\/08                       9<\/span><\/p>\n
      17. After considering various facts and circumstances, I find<\/p>\n
that release of petitioner on bail will not be conducive in the larger<\/p>\n
public interest and to ensure a fair trial. Hence, the prayer for bail is<\/p>\n
to be rejected and I do so. However, learned Magistrate concerned<\/p>\n
is directed to take all steps as expeditiously as possible to commit of<\/p>\n
the case. The Sessions Court shall also ensure speedy disposal of the<\/p>\n
case without any delay.\n<\/p>\n
      Petition is dismissed.\n<\/p>\n
\n
                                            K.HEMA, JUDGE<\/p>\n
vgs.<\/p>\n","protected":false},"excerpt":{"rendered":"
Kerala High Court Santosh Madhavan @ Amrutha … vs Circle Inspector Of Police on 13 August, 2008 IN THE HIGH COURT OF KERALA AT ERNAKULAM Bail Appl..No. 5054 of 2008() 1. SANTOSH MADHAVAN @ AMRUTHA CHAITHANAYA … Petitioner Vs 1. CIRCLE INSPECTOR OF POLICE … Respondent 2. STATE OF KERALA For Petitioner :SRI.S.GOPAKUMARAN NAIR (SR.) […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,21],"tags":[],"class_list":["post-271305","post","type-post","status-publish","format-standard","hentry","category-high-court","category-kerala-high-court"],"yoast_head":"\nSantosh Madhavan @ Amrutha ... vs Circle Inspector Of Police on 13 August, 2008 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/santosh-madhavan-amrutha-vs-circle-inspector-of-police-on-13-august-2008\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Santosh Madhavan @ Amrutha ... vs Circle Inspector Of Police on 13 August, 2008 - 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