IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 Bail Appl..No. 4154 of 2009 CRIME NO.589 OF 2009 OF THIRUVALLA POLICE STATION CRMP.3301/2009 of J.M.F.C.,THIRUVALLA PETITIONER/ACCUSED -------------------------------------- DR.JOHNSON .V.IDUKULA @ BIJU AGED 38 YEARS, VALAYIL VEEDU, ANAPARAMBIL THEKKU MURI, THALAVADI VILLAGE, ALAPPUZHA DIST. BY ADV. SRI.PREMCHAND R.NAIR SRI.TOJAN J. VATHIKULAM SRIBEPIN PAUL RESPONDENT: --------------- STATE OF KERALA REP. BY SUB INSPECTOR OF POLICE, THIRUVALLA POLICE STATION REP. THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ B.A. NO. 4154 OF 2009 ------------------------------------------------------ Dated this the 27th July, 2009 O R D E R This is an application for bail under Section 439 of the Code of Criminal Procedure. The petitioner is the accused in Crime No.589 of 2009 of Thiruvalla Police Station. 2. The offences alleged against the petitioner are under Sections 376 of the Indian Penal Code and Section 3(1)(xii) of the of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. The petitioner was arrested on 19.6.2009 and he is in judicial custody. 4. I have gone through the case diary. 5. The allegation is that from the first week of April 2009 to 17.6.2009, the victim was raped by the petitioner on about seventeen occasions. The victim was working as a maid servant in “Berachah Balabhavan” run by the accused. B.A. NO. 4154 OF 2009 :: 2 :: 6. It is submitted by the learned Public Prosecutor that Crime No.701 of 2009 of Thiruvalla Police Station was registered against the petitioner under Section 376 of the Indian Penal Code on a statement recorded from one Valsamma John, who was working as housemaid in “Berachah Balabhavan”, of which the petitioner is the Managing Director, alleging that the petitioner committed rape on her. The present case, namely, Crime No.589 of 2009 is also under Section 376 of the Indian Penal Code. Learned Public Prosecutor also submitted that an application was made before the Judicial Magistrate of the First class, Thiruvalla for issuing a production warrant to record formal arrest of the petitioner in Crime No.701 of 2009. Learned Magistrate has passed an order as requested for. In view of the subsequent events and also in the nature of the allegations levelled against the petitioner in the present case that he committed rape on a girl belonging to scheduled caste who was working as a housemaid in “Berachah Balabhavan”, on about seventeen occasions, I do not think that the petitioner can be released on bail at this stage. The Bail Application is accordingly dismissed. (K.T.SANKARAN) Judge ahz/