Petitioner is the sole accused in Crime No. 1140 of 2014 of Ezhukone Police Station, Kollam District registered for an offences punishable under Secs. 323, 450 and 376 of IPC and Section 3 (1) (XI) of SC/ST (Prevention of Atrocities) Act, 1989.
2. The prosecution case in brief is that the petitioner, on 20-09-2014 at about 11.30 a.m., with an intention to satisfy his carnal desire committed criminal trespass into the bed room of the de facto complainant/informant, who is a 90 year old woman belonging to Scheduled Caste gagged her by forcing cloth into her mouth, slapped her on her cheek and committed rape on her. It is accordingly stated that the aforementioned offences have been committed by the petitioner/accused.
3. The petitioner was arrested on 21-09-2014 and produced before the jurisdictional Magistrate on 22-09-2014 and was remanded to judicial custody.
4. Sri. Syam J. Sam, the learned counsel for the petitioner would submit that the petitioner is absolutely innocent of all the allegations and that the case has been falsely foisted against him due to political rivalries which happened between the immediate neighbours. The sons of the petitioner belongs to a political party and the family of the de facto complainant belong to the rival political party. There were certain other civil disputes which are pending between the two families. It is also submitted that the above case is falsely foisted on the petitioner in order to wreck vengeance against the petitioner and his family. It is further submitted by the learned counsel for the petitioner that the petitioner is a 61 year old man undergoing treatment for various ailments and he is a respectable citizen who is pensioner from the Indian Railways. The learned counsel appearing for the petitioner, would submit that the petitioner is prepared to abide by any of the conditions that is deemed reasonable, just and necessary, by this Court in the facts and circumstances of this case.
5. The learned Public Prosecutor seriously opposed the plea of bail and submitted that the offences committed by the petitioner discloses a heinous and gruesome one and the medical examination has revealed that the 90 year old lady has been subjected to rape.
6. Having heard the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, and on an evaluation of the totality of the factual matrix in case, this Court is of the view that this is not a fit case for granting bail to the petitioner, taking into account the gravity of the offence, and the larger interest of the public and the State.
Accordingly, the application for bail stands dismissed.
Sd/-ALEXANDER THOMAS, (Judge)
ani/ /truecopy/
P.S.ToJudge