Saithalavi K.C. @ @ Bichu vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the 1st accused in Crime No.633 of 2023 of Karipur Police Station.

The prosecution allegation is that on a day, 2½ months prior to 27.09.2023, at about 04.00 p.m., the petitioner/1st accused kidnapped the victim boy, who is a minor aged 15 years, in a car to a room near to the Mosque at Kumminipparambu and committed penetrative sexual assault on him and gave Rs.450/- as gratification.

Learned Public Prosecutor produced copy of the CD along with report of the investigating officer for the purpose of this application.

Heard learned Senior Counsel Sri.K.Ramakumar appearing for the petitioner and learned Public Prosecutor Sri.Renjit George.

The learned Senior Counsel appearing for the petitioner submitted that it is a politically motivated case and the petitioner, who is a 61 year old man, was a former Panchayat President. Major portion of the investigation is over, including questioning of witnesses and medical examination of the petitioner as to his potency. A group of teenagers hatched a criminal conspiracy against the petitioner to extract money from him and they brutally attacked him and took his mobile phone and watch, for which he had lodged a complaint before Police. At the time of hearing, learned Senior Counsel for the petitioner placed before this Court, copy of the statement given by the petitioner before Karipur Police Station along with copy of some photographs for perusal.

Learned Public Prosecutor submitted that there is nothing to show that the petitioner went to hospital for treatment, if he was brutally manhandled by a group of teenagers. There is no allegation that the victim boy was also there in that group of teenagers, who allegedly attacked him. The date of that attack will not find a place in the statement copy produced by the petitioner for perusal. If such an attack occurred, definitely he would have been taken to hospital and, a complaint would have been filed before Police, for registering a crime against the assailants. But nothing of that sort was resorted to by the petitioner. So learned Public Prosecutor would say that, the story of false implication is liable to be rejected.

At this stage of investigation, this Court is not expected to enter into a finding as to the veracity or genuineness of the prosecution case, which will have to be unfurled after a full fledged investigation and trial. At present this Court is concerned with the stage of the investigation, and if the petitioner is released on bail, whether it will affect the smooth progress of the investigation, and whether there is any chance for the petitioner to abscond or to influence or intimidate the witnesses or to tamper with the evidence.

Learned Senior Counsel appearing for the petitioner submitted that the petitioner, who is a 61 year old man, was a former Panchayat President and as such he will not flee from law, and he is ready to abide by any conditions imposed by this Court.

The report of the investigating officer will show that most of the witnesses were questioned and their statements were recorded, and the petitioner was subjected to potency test also. Some more witnesses are to be questioned, and chemical analysis report has to be obtained, and the running condition of the car used by the petitioner to kidnap the victim boy is to be tested. Obviously presence of the petitioner is not required for those things.

The petitioner was arrested on 28.09.2023, and since then he is in judicial custody. Since major part of the investigation is over, and the petitioner is in judicial custody for more than a month, and his potency test has already been conducted, and he is a senior citizen, this Court is inclined to release him on bail but on stringent conditions.

In the result, the bail application is allowed as follows:

(i) The petitioner shall be released on bail on cash deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) and on executing bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties each of the like sum to the satisfaction of the trial court.

(ii) The petitioner shall report before the investigating officer on every saturday between 10.00 a.m. and 11.00 a.m. for a period of three months from the date of his release on bail.

(iii) The petitioner shall not leave the limits of Malappuram District without getting prior permission from the trial court.

(iv) The petitioner shall not influence or intimidate the witnesses or tamper with the evidence.

(v) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the trial court is empowered to cancel the bail, in accordance with law.