High Court of KeralaSingle Judge2022-08-11Dismissed

Bail Applications in Crime Nos. 472/2020, 474/2020, 473/2020, 471/2020, 721/2020, etc. — Bekal Police Station, Kasargode, High Court of Kerala (Single Judge Bechu Kurian Thomas)

Case / Petition Number:B.A. No. 2691/21; 2692/21; 2693/21; 2694/21; 6371/21; 6372/21; 6378/21; 6379/21; 6746/21; 6748/21; 6750/21; 6754/21; 9750/21; 1676/22

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Bechu Kurian Thomas
Judgment Date: 2022-08-11
Court Decision / Holding: All bail applications are dismissed. Custodial interrogation of the petitioners is deemed essential to complete the investigation, recover mobile devices, and prevent interference with witnesses. Some connected cases with final reports are noted as infructuous, but the overarching holding is that no pre-arrest bail should be granted in these circumstances.
Final Disposition: Dismissed

Parties to the Case

Appellants / Petitioners

Abdurrahiman P.M.; Muhammed Assif K.; Muneer K.V.; Muhammed Ashraf; Praseedh K.V; Ahmad Irshadali M.K; Nouhudh? K.V; Sarafrase M.S.; Abdul Hakeem S/o Amina; Muhammed Shahabas T.K; Shafeeq Shakkeel; Abdul Rouf; Naful H.M

Respondents

State of Kerala represented by SHO Bekal Police Station through Public Prosecutor; Deputy Superintendent of Police, Crime Branch, Kannur, Head of Special Investigation Team (Crime Nos. 471/2020 to 474/2020, 723/2020, 722/2020, 726/2020, 724/2020, 731/2020, 730/2020, 733/2020, 732/2020, 727/2020)
XXX (Victim)

Legal Representation & Advocates

Counsels for Petitioners

• S. Kabeer; P.E. SajAL; P. Vijaya Bhanu (Sr.)

Counsels for Respondents

• Nouushad (Public Prosecutor); S. Rajeev; K.K. DheerendraKrishnan; S. Vinay

Case Synopsis & Summary

This judgment consolidates multiple bail applications (BA Nos. 2691/21 and connected matters; also references to BA Nos. 2692/21, 2693/21, 2694/21, 6371/21, 6372/21, 6378/21, 6379/21, 6746/21, 6748/21, 6750/21, 6754/21, 9750/21 and 1676/22) arising from crimes registered at Bekal Police Station, Kasargode, alleging rape and related offenses under sections 376(2)(n), 506 read with section 34 IPC. The petitioners, numerous accused in separate but connected cases, sought pre-arrest bail. The court notes the victim’s ongoing trauma, the alleged involvement of close associates of the husband, and the use of videos to threaten and blackmail. It records that initial investigations showed irregularities in the first information statements, allegedly shaped by intervening investigators, prompting a direction in a prior decision (X v. State of Kerala) to have the Special Investigation Team ferret out the truth. The court critically observes the SIT’s slow progress and emphasizes custodial interrogation as essential to uncovering the truth, recovering devices, and advancing the investigation. While some connected petitions had final reports, the court nonetheless dismisses the bail applications, holding that the gravity and circumstances require continued custody and scrutiny, and cautions against potential interference with witnesses or evidence.

Provisions of Law Cited

Section 376(2)(n) IPCSection 506 IPC read with Section 34 IPC

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend delay in filing the complaint (approximately four years plus) undermines the prosecution’s credibility. They submit that the alleged rapes occurred inside the husband’s house with the victim’s door open; dates in the FIS were allegedly fabricated by the prior investigating officer; they argue the acts may constitute consensual relationships in some instances; custodial interrogation is not indispensable given the alleged completion of potency tests and other inquiries. They emphasize the ongoing investigation and fear of tampering if released, but contend for bail based on lack of direct imminent threats and potential constitutional rights. They urge the Court to grant pre-arrest bail to avoid sensationalism and to preserve the accused’s liberty until the investigation is complete.

Contentions of Respondents

The State maintains that the crimes are grave, involving rape of a single victim by multiple accused, with threats and blackmail via videos. The SIT’s investigation has revealed a heinous pattern and potential interference with witnesses, necessitating custodial interrogation. The prosecution argues that several connected matters have not progressed due to procedural delays, and that anticipatory bail previously granted was rightly canceled. The Court is urged to ensure that the investigation proceeds without prejudice to evidence collection and victim protection, and to prevent tampering or flight risk.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
X v. State of Kerala	2021 (1) KLT 201	Positive	Cited to underscore the obligation of the Special Investigation Team (SIT) to uncover the truth and follow court directions; the present Court notes SIT’s slow progress in light of that directive but relies on the principle that the SIT must ferret out the truth.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **TUESDAY, THE 11TH DAY OF AUGUST 2022 / 20TH SRAVANA, 1944** ## **BAIL APPL. NO. 2691 OF 2021** **CRIME NO.472/2020 OF Bekal Police Station, Kasargod** ## **PETITIONER/ACCUSED NO.1:** **ABDHURAHIMAN P.M. AGED 32 YEARS, S/O.NAFEESA PADINJHAR HOUSE UDUMA P.O KASARGODE, PIN - 671319** **BY ADVS. S.KABEER SRI.P.E.SAJAL SRI.P.VIJAYA BHANU (SR.)** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY SHO BEKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH KANNOR HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME 472/2020 OF BEKAL POLICE STATION KASARGODE 671318 3 XX BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR S.RAJEEV K.K.DHEERENDRAKRISHNAN V.VINAY** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 02.08.2022, ALONG WITH Bail Appl. Nos.2692/21, 2693/21, 2694/21, 6371/21, 6372/21, 6378/21, 6379/21, 6746/21, 6748/21, 6750/21, 6754/21, 9750 /21 & 1676/22, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 2 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 2692 OF 2021** **CRIME NO.474/2020 OF Bekal Police Station, Kasargod** ## **PETITIONER/ACCUSED NO.1:** **MUHAMMED ASSIF K. AGED 34 YEARS, S/O ABDHULLA NARICHIKUNDIL HOUSE UDUMA, KASARGODE PIN - 671319** **BY ADVS. SRI.S.KABEER SRI.P.E.SAJAL SRI.P.VIJAYA BHANU (SR.)** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH KANNOR HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME 474 /2020 OF BEKAL POLICE STATION KASARGODE 671318 3 XXX XXX BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI** . **M.S.ANEER** B.A. No.2691/21 & Conn. Cases 3 **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 4 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 2693 OF 2021** **CRIME NO.473/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED NO.1:** **MUNEER K.V AGED 35 YEARS, S/O K.V. ABDHULLA KOVAL VALAPPU UDUMA KASARGODE, PIN - 671319** **BY ADVS. SRI.S.KABEER SRI.P.E.SAJAL SRI.P.VIJAYA BHANU (SR.)** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY SHO BEKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031 2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH KANNUR HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME NO:473/2020 OF BEKKAL POLICE STATION KASARGODE 671319 3 XXXXX XXXXX** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY** B.A. No.2691/21 & Conn. Cases 5 ## **SRI.M.S.ANEER** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 2694 OF 2021** **CRIME NO.471/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED NO.1:** **MUHAMMED ASHRAF AGED 25 YEARS, S/O MUHAMMED M.A. ALIKANDAVALPPU UDUMA P.O., KASARGODE, PIN - 671319** **BY ADVS. SRI.S.KABEER SRI.P.E.SAJAL SRI.P.VIJAYA BHANU (SR.)** ## **RESPONDENTS/COMPLAINANTS:** **1 STATE OF KERALA REPRESENTED BY SHO BEKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DEPUTY SUPERINTENDENT OF POLICE CRIME BRANCH, KANNUR HEAD OF THE SPECIAL INVESTIGATION TEAM IN CRIME NO:471/2020 OF BEKKAL POLICE STATION KASARGODE, PIN - 671318** **3 XXXXX XXXXX** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY** B.A. No.2691/21 & Conn. Cases 7 ## **SRI.M.S.ANEER** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6371 OF 2021** **CRIME NO.723/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED:** **PRASEEDH K.V AGED 30 YEARS PRATHEEKSH HOUSE AMBIKA NAGAR UDUMA PADINJHAR KASARGODE, PIN - 671319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DYSP OF POLICE AGED 50 YEARS HEAD OF THE SPECIAL INVESTIGATION TEAM CRIME NO:723/2020 BEKKAL POLICE STATION KASARGODE** ## ***3 XXX (VICTIM)** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 22.09.2021 IN CRL M.A. 1/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV** B.A. No.2691/21 & Conn. Cases 9 **SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.M.S.ANEER SRI.SARATH K.P.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 10 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6372 OF 2021** **CRIME NO.722/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED:** **AHMAD IRSHADALI M.K AGED 26 YEARS KOVVAL VALAPPU UDUMA PADINJHAR KASARGODE, PIN - 671319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANTS:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DYSP OF POLICE AGED 50 YEARS HEAD OF THE INVESTIGATION TEAM CRIME NO:722/2020 BEKKAL POLICE STATION KASARGODE** ***3 XXX (VICTIM)** ***(ADDL. R3 IS IMPLEADEDAS PER ORDER DATED 22.09.2021 IN CRL M.A. 1/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN** B.A. No.2691/21 & Conn. Cases 11 **SRI.V.VINAY SRI.M.S.ANEER SRI.SARATH K.P.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 12 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6378 OF 2021** **CRIME NO.726/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED:** **NOUSHAD K.V. AGED 32 YEARS KOVVAL VALAPPU UDUMA PADINJHAR KASARGODE, PIN - 671319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DYSP OF POLICE AGED 50 YEARS HEAD OF THE SPECIAL INVESTIGATION TEAME CRIME NO;726, BEKAL POLICE STATION KASARGODE** - ***3 XXX (VICTIM)** ***(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 22.09.2021 IN CRL M.A. 2/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY** B.A. No.2691/21 & Conn. Cases 13 **SRI.M.S.ANEER SRI.SARATH K.P** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 14 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6379 OF 2021** **CRIME NO.724/2020 OF Bekal Police Station, Kasargod PETITIONER/ACCUSED:** **SARFRASE M.S. AGED 26 YEARS AL BADAR UDUMA, PADINJHAR KASARGODE, PIN - 671319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DYSP OF POLICE AGED 50 YEARS HEAD OF THE SPECIAL INVESTIGATION TEAM CRIME NO:724/2020 BEKAL POLICE STATATION KASARGODE** ***3 XXX (VICTIM)** ***(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 22.09.2021 IN CRL M.A. 1/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN** B.A. No.2691/21 & Conn. Cases 15 **SRI.V.VINAY SRI.M.S.ANEER SRI.SARATH K.P** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 16 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6746 OF 2021** **CRIME NO.731/2020 OF Bekal Police Station, Kasargod** **PETITIONER/ACCUSED:** **AHMAD IJIYAS H. A. AGED 26 YEARS, S/O. ABDURAHIMAN, P. V. MANZIL, UDUMA PADINJHAR, KASARGODE - 671319.** **BY ADVS. SRI.S.KABEER SRI.P.E.SAJAL** ## **RESPONDENTS/COMPLAINANTS:** **1 STATE OF KERALA REP. BY SHO BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** **2 DEPUTY SUPERINTENDENT OF POLICE HEAD OF SPECIAL INVESTIGATION TEAM, IN CRIME 731/2020, BEKKAL POLICE STATION, KASARGODE - 671319.** - ***3 XXX (VICTIM)** ***(ADDL. R3 IS IMPLEADED AS PER ORDER DATED 28.09.2021 IN CRL M.A. 2/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.M.S.ANEER** B.A. No.2691/21 & Conn. Cases 17 **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 18 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6748 OF 2021** **CRIME NO.721/2020 OF Bekal Police Station, Kasargod** **PETITIONER/ACCUSED:** **MUHAMMED SHAHABAS T.K** **S/O. HYDRALI, SHAFAS VILLA, UDUMA PADINJHAR, KAZARGODE 671 319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY SHO BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031** **2 DEPUTY SUPERINTENDENT OF POLICE HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME 721/2020 BEKKAL POLICE STATION, KASARAGODE 671 318** - ***3 XXX** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 28/9/2021 IN CRL MA 2/2021** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI** . **V.VINAY** B.A. No.2691/21 & Conn. Cases 19 **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 20 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6750 OF 2021** **CRIME NO.730/2020 OF Bekal Police Station, Kasargod** **PETITIONER/ACCUSED:** **SHAFEEQ SHAKKEEL, S/O. MUHAMMED SHAFI, KALLINGAL HOUSE, UDUMA PADINJHAR, KAZARGODE-671 319.** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA, REP. BY SHO BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.** **2 DEPUTY SUPERINTENDENT OF POLICE, HEAD OF SPECIAL INVESTIGATION TEAM, IN CRIME 730/2020 BEKKAL POLICE STATION, KASARGODE 671 318.** - ***3 XXX** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 28/9/2021 IN CRL MA 2/2021** **BY ADVS.** **SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.M.S.ANEER** B.A. No.2691/21 & Conn. Cases 21 ## **SRI.SARATH K.P.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 22 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 6754 OF 2021** **CRIME NO.733/2020 OF Bekal Police Station, Kasargod** ## **PETITIONER/ACCUSED:** **ABDUL HAKKEEM S/O. AMINA,** **SHAFIYA MANZIL, UDUMA PADINJHAR, KAZARGODE - 671319.** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANT:** **1 STATE OF KERALA REPRESENTED BY SHO BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.** - **2 DEPUTY SUPERINTENDENT OF POLICE** **HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME 733/2020, BEKKAL POLICE STATION, KASARGODE - 671318.** - ***3 XXXX** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 22/09/2021 IN CRL.M.A. NO.1/2021).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.M.S.ANEER** B.A. No.2691/21 & Conn. Cases 23 ## **SRI.SARATH K.P.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 24 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944 BAIL APPL. NO. 9750 OF 2021** **CRIME NO.732/2020 OF Bekal Police Station, Kasargod** ## **PETITIONER/ACCUSED:** **ABDUL ROUF AGED 26 YEARS, S/O.A.HABEEBUL RAHMAN, RAIBA MANZIL, UDUMBA PADINJHAR, KAZARGODE - 671 319.** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANTS:** **1 STATE OF KERALA REP. BY SHO BEKKAL POLICE STATION, THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682031.** - **2 DEPUTY SUPERINTENDENT OF POLICE** **HEAD OF SPECIAL INVESTIGATION TEAM, IN CRIME 723/2020 BEKAL POLICE STATION, KASARGODE - 671 318.** - ***3 XXXX** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 11/08/2022 IN CRL.M.A. NO.1/2022).** **BY ADVS. SRI.K.A.NOUSHAD, PUBLIC PROSECUTOR SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN SRI.V.VINAY SRI.M.S.ANEER** B.A. No.2691/21 & Conn. Cases 25 **SRI.SARATH K.P.** **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 26 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **THURSDAY, THE 11[TH] DAY OF AUGUST 2022 / 20TH SRAVANA, 1944** **BAIL APPL. NO. 1676 OF 2022** **CRIME NO.727/2020 OF Bekal Police Station, Kasargod** ## **PETITIONERS/ACCUSED:** **NAUFAL H.M S/O HASSAINAR UM KIZHAKKEKARA HOUSE UDUMA P.O KAZARGODE, PIN - 671319** **BY ADVS. SRI.P.E.SAJAL SRI.S.KABEER** ## **RESPONDENTS/COMPLAINANTS:** **1 STATE OF KERALA REP: BY SHO BEKKAL POLICE STATION THROUGH PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM, PIN - 682031** **2 DEPUTY SUPERINTENDENT OF POLICE HEAD OF SPECIAL INVESTIGATION TEAM IN CRIME 727/2020 BEKKAL POLICE STATION KASARGODE, PIN – 671318** - ***3 XXXX** ***(ADDL.R3 IS IMPLEADED AS PER ORDER DATED 11/08/2022 IN CRL.M.A. NO.1/2022).** ## **THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON** B.A. No.2691/21 & Conn. Cases 27 **03.08.2022, ALONG WITH Bail Appl.No.2691/2021 AND CONNECTED CASES, THE COURT ON 11.08.2022 PASSED THE FOLLOWING:** B.A. No.2691/21 & Conn. Cases 28 ## **BECHU KURIAN THOMAS, J.** **-----------------------------------------------------B.A. Nos.2691, 2692, 2693, 2694, 6371, 6372, 6378, 6379, 6746, 6748, 6750, 6754, 9750 of 2021 & 1676 of 2022 --------------------------------------------------------** Dated this the 11[th] day of August, 2022 ## **ORDER** Petitioner in B.A No. 2691 of 2021, B.A No. 2692 of 2021, B.A No. 2693 of 2021, B.A No. 2694 of 2021, and B.A No. 6748 of 2021 is the first accused in Crime No.472/2020, Crime No.474/2020, Crime No.473/2020, Crime No.471/2020, and Crime No.721/2020 respectively of Bakel Police Station, alleging offences punishable under section 376(2)(n) and section 506 read with section 34 of the Indian Penal Code, 1860 (for short the Act). In all these crimes, the prosecution alleges that the first accused had, in connivance with the second accused, raped the victim during the period between 2016 and 2018 after threatening and blackmailing her on the basis of certain videos. 2. Petitioner in B.A No.6371/2021, B.A No. 6372/2021, B.A No. 6378/2021, B.A No. 6379/2021, B.A No. 6746/2021, B.A No. 6750/2021, B.A No. 6754/2021, B.A No. 9750/2021 and B. A No. 1676/2022 is the sole accused in Crime No.723 of 2020, Crime No.722 of 2020, Crime No.726 of 2020, Crime No.724 of 2020, Crime No.731 of 2020, Crime No.730 of 2020, Crime No.733 of 2020, Crime No.732 of 2020 and Crime No.727 of 2020 respectively of Bakel Police Station alleging offences punishable under section B.A. No.2691/21 & Conn. Cases 29 376 and section 506 of the Act. The prosecution alleges that in the above cases, the accused had raped the victim on a day between April 2016 and July 2018 after threatening and blackmailing her. 3. The petitioners have approached this Court seeking pre-arrest bail, mainly alleging rape for the offence of rape, alleged against them. The common feature in all these cases is the victim. The accused in these cases are alleged to have raped the same victim at different points in time. 4. The crime alleged is disturbing. The sequence of events is astonishing. Investigation into a serious offence like rape has remained in limbo for the last two years, and the accused have enjoyed the protection of interim pre-arrest bail since then. The above pricks the sense of justice of this court. 5. The gravamen of the allegations is as follows.: A 24 year old married woman alleged that, during the period between April 2016 to July 2018, several persons committed forcible sexual intercourse with her, amounting to rape, after threatening and blackmailing her and at times after administering drugs. The victim’s husband, who was, at the relevant time, working outside the country, was informed by the victim of the details of what transpired and thereafter, gathering courage, she approached the Police with the complaint. 6. The allegations brought to light alleged instances of rape committed by close friends of the husband to immediate relatives, who were all alleged to have ravished the victim in the middle of the night on various days, after instructions were given by one of the accused to keep the door of her house and bedroom open, to enable other accused to enter the house and commit B.A. No.2691/21 & Conn. Cases 30 rape upon the victim after threatening to show her obscene videos to her husband. 7. Initially, when the victim complained to the police, only five names were included as accused, and only one crime alone was registered. The victim alleged that the dates mentioned in the first information statement and the number of accused involved in the crime were limited to five, as orchestrated by the then investigating officer. The above-mentioned alleged instructions of the investigating officer were later learnt to be manipulative acts to enable the accused to obtain anticipatory bail. As devised by the investigating officer, the Sessions Court granted anticipatory bail to the five accused, based on the report of the investigating officer, which Indicated that on the dates mentioned in the FIS, the accused were not even in the country. Subsequently, the orders granting bail to the five accused were challenged before this Court. By a common order dtd. 07-12-2020 in Crl. M.C 4603/2020, Crl. M.C 4630/2020, Crl. M.C 4638/2020 and Crl. M.C 4644/2020 this Court cancelled the bail granted and directed the Sessions Court to reconsider the bail applications. The decision is reported in **X v. State of Kerala** (2021 1 KLT 201). 8. While considering the bail applications of the five accused afresh, the victim personally appeared before the learned Session Judge and submitted that the dates mentioned in the FIS dtd. 31-08-2020 was never spoken to by her. The learned Sessions Judge, after perusing the statement of the victim recorded under section 164 of Cr.P.C and after noticing several irregularities in the initial investigation, dismissed the bail applications of the five accused. 9. For a better comprehension of these cases, it is worthwhile to mention B.A. No.2691/21 & Conn. Cases 31 that one of the accused by the name of Sri. Thufail, (who is not before this Court), is arrayed as the second accused in four cases, while another accused by name Mohammed Ashraf is also arrayed as the second Accused in three cases and as the first accused in one case. 10. Sri. P. Vijayabhanu, the learned Senior counsel appearing on behalf of the petitioners and duly instructed by Adv. P. E Sajal contended that the very delay of four years and six months in filing the complaint itself evinces the falsity of the prosecution case. He further submitted that the alleged rape, in respect of every accused, is stated to have taken place inside the house of the husband of the victim and that too between 12:30 AM and 4:30 AM, when the victim herself admits of having kept the door of the house open for the accused to enter and indulge in sexual intercourse. The said statement, according to the learned Senior Counsel, is itself sufficient to show that the act alleged could, at the most, be only regarded as a consensual relationship. In any event, it was submitted that the requirement of custodial interrogation does not survive anymore since the potency test and other interrogations have already been completed. The learned Senior Counsel also invited this Court's attention to the circumstances that resulted in crime No. 467/2020, registered on 31-08-2020, relating to an incident of 30-08-2020, wherein the victim and her family members had brutally assaulted Sri. Mohammed Ashraf, one of the accused (the applicant in B.A No. 2694/2021) and seriously injured him. 11. Sri. V. Vinay, the learned counsel appearing on behalf of the defacto complainant/survivor, urged with vehemence that the accused, along with the initial investigating officer, had manipulated the victim and took down her first B.A. No.2691/21 & Conn. Cases 32 information statement with dates in a manner beneficial to the accused. It was pointed out that the victim had never mentioned the specific dates of commission of rape, and the same was incorporated by the investigating officer after consulting the accused. The dates were incorporated in the FIS dtd 31-08-2020 in such a manner that, on those specific dates, the accused were not in the country. Thereafter at the behest of this Court, a special investigation team was constituted, and it was only after that the investigation proceeded, though still not very effectively. 12. The learned counsel for the survivor further pointed out that Sri. Thufail, who is an accused in atleast four of the crimes, had initiated the blackmail and used a prior relationship of the victim with one Rias as a means to molest her repeatedly, and using that video, compelled the petitioner to yield to the carnal wishes of the remaining accused, against her will and without her consent. After falling into despair, the victim finally divulged to her husband the traumatic experiences she had to undergo. The learned counsel also submitted that the accused are extremely powerful and that if pre-arrest bail is granted to them, there is every chance that they will tamper with the evidence if not already done. It was further submitted that the accused may even flee the country. The counsel submitted that if the petitioners are released on pre-arrest bail, they will be a threat and intimidation to not only the victim but also to the other witnesses. 13. Sri. K. A Naushad, the learned Public Prosecutor, opposed the grant of bail and submitted that the investigation conducted so far by the Special Investigation Team has revealed a hideous crime committed by the accused. B.A. No.2691/21 & Conn. Cases 33 He further submitted that custodial interrogation of the accused is necessary and that grant of anticipatory bail to the petitioners may prejudice the course of the investigation. It was also submitted that of the various accused involved final report was filed in B.A 6372/2021 and B.A 6371/2021 and therefore, those two bail applications have become infructuous. 14. I have perused the case diary. The statement of the victim given to the special investigation team on 08-01-2021 explicitly mentions the names of each of the accused and the manner in which they had executed the alleged devious and heinous crime. 15. Crime No.468/2020 of Bakel Police Station was registered on 31-082020 against five accused by the name Sri. Thufail, Sri. Mohammed Asharaf, Sri. Abdul Rahiman, Sri. Muneer and Sri. Asif. Later, the Investigating Officer split up that crime and registered four more separate crimes. Thus accused no. 2, 3, 4 and 5 in crime 468/2020 became the sole accused Crime Nos. 471/2020, Crime No.472/2020, Crime No.473/2020 and Crime No.474/2020. Later, 13 other crimes were also separately registered alleging rape on the same victim. 16. The incident is alleged to have occurred during the period between April 2016 and July 2018, while the complaint was filed only on 31-08-2020. When one of the accused started harassing her about the previous incidents and gradually started demanding her to yield to his carnal desires once again. The victim divulged the past incidents to her husband. On 30-08-2020, the victim and her husband's relatives are alleged to have brutally assaulted Sri. B.A. No.2691/21 & Conn. Cases 34 Mohammed Ashraf and Sri. Muneer. In the assault, the former is alleged to have suffered three fractures. Crime 467/2020 of the same police station is registered for the said offence. The contention of the learned Senior Counsel is that the allegations now raised by the victim are all false and are made as a counterblast to subdue the crime in 467/2020. 17. Taking into consideration the gravity of the offences alleged and the manner in which it was carried out, custodial interrogation of the petitioners in all these cases is essential. The mobile phones used by the accused have not yet been recovered. The contentions of the learned Senior Counsel relying upon the incident that occurred on 30.08.2020 relating to FIR No.467 of 2020, allegedly committed by the husband of the victim and others, is not sufficient to avoid the custodial interrogation of the petitioners. Further, the anticipatory bail granted by the Sessions Court initially was cancelled by this Court at the instance of the victim. 18. In this context, this Court expresses its surprise at the failure of the Special Investigation Team to proceed in the manner observed by this Court. In **x v. State of Kerala** (2021 (1) KLT 201) this Court had expressed that the Special Investigation Team must ferret out the truth of the allegation of the victim regarding the alleged complicity of the then investigating officer in incorporating dates and trying to destroy the victim’s case. It is noticed that the Special Investigation Team had not proceeded in the manner observed by this Court. Though the learned Prosecutor submitted that the investigation is continuing and the report of the scientific laboratory is awaited, I am of the B.A. No.2691/21 & Conn. Cases 35 view that the investigation as directed by this Court in **x v. State of Kerala** (2021 (1) KLT 201) is not progressing otherwise than in a snail's pace. 19. Having regard to the circumstances discussed above, I am of the view that custodial interrogation of the petitioners is essential. Therefore petitioners are not entitled to pre-arrest bail. As far as B.A No. 6372/2021 and B.A No. 6371/2021 are concerned since the final reports have already been filed, those two bail applications are dismissed as infructuous. All these bail applications are thus dismissed. **BECHU KURIAN THOMAS JUDGE** vps