Sudheeshkumar vs State Of Kerala And Ors

This is an appeal preferred under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, hereinafter

referred to as the Act. The appellant is the accused in Crime No. 507/2020 of Chittarikkal Police Station.

The allegation is that the appellant/accused had committed repeated rape on the victim, a deaf and dumb lady of 36 years old. The alleged incidents

had happened about seven months prior to 01.10.2020, the date on which the First Information Statement was given by the elder sister of the victim. It

is stated that the victim lady lives alone after both her parents had passed away. When she developed an abdominal pain, she was taken to a private

hospital at Maloth, where it was detected that she was pregnant; she was referred to the District Hospital, Kanhangad for further management where,

after subjected her to scanning, she was found pregnant by seven months. She is unmarried. It was revealed that the accused had subjected her to

sexual intercourse on the promise of marriage. She belongs to Vettuva community of Scheduled Tribe and the accused belongs to Thiyya community.

On the basis of the First Information Statement, the said crime was registered alleging offence punishable under Section 376(2)(l), 376(2)(n) of the

Indian Penal Code and Section 3(2)(va) of the Act.

The appellant was arrested in connection with the crime on 03.11.2020 and since then he is in judicial custody. By the impugned order dated

04.01.2021, the learned Special Judge for the trial of cases under the Act, dismissed the application for bail and aggrieved by the same, he has come

up in appeal.

The learned counsel for the appellant has submitted that for about 120 days the appellant is in custody, that the investigation has been completed

and charge sheet laid before the court, that there is no need for detaining the appellant further. The learned Special Public Prosecutor has stated that

the lady has since given birth to a child, that the appellant is the neighbour of the victim.

On this appeal, notice was issued on the defacto complainant as provided under Section 15A(5) of the Act. Even though notice was duly served on

her, she has not chosen to enter appearance.

I heard the learned counsel for the appellant and the learned Special Public Prosecutor.

Even though it is observed by the learned Sessions Judge that the appellant is a hard criminal and a threat to the peaceful life in the society, one

cannot be detained in custody indefinitely, especially after completion of investigation and filing the charge sheet. After hearing the learned Special

Public Prosecutor, overwhelming reasons are not made out for the continued detention of the appellant in custody till the case is attained finality.

Keeping the suspect in custody in such a circumstance is a luxury, which is unwarranted. It is the settled principle of law, in normal circumstances,

that bail is the rule and jail an exception. However, in order to meet the apprehension raised by the prosecution, it is only appropriate that the appellant

shall not enter Chittarikkal police station limits till the examination of the prosecutrix and other material witnesses before the trial court.

Thus in reversal of the order under challenge, the appellant shall be released on bail on the following conditions:-

i) The appellant shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand Only) with two solvent sureties each for the like sum to the satisfaction

of the Special Court for the trial of offences under the Act;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) He shall not enter Chittarikkal police station limits, till the examination of the prosecutrix and other material witnesses before the trial court;

iv) He shall not leave the country without permission of the trial Court;

v) He shall appear before the trial court as and when required;

vi) He shall strictly abide by the various guidelines issued by the State Government and the Central Government with respect to keeping of social

distancing in the wake of Covid 19 pandemic;

vii) If any of the above conditions are violated by the appellant, the trial Court can cancel the bail, in accordance with law, even though the bail is

granted by this Court.

The Criminal Appeal is allowed, as above.