Ramseena v. State of Kerala, represented by Public Prosecutor
2017-06-02
K.ABRAHAM MATHEW
body2017
DigiLaw.ai
JUDGMENT : 1. The accused Nos. 1 & 4 in Crime No.742/2017 of Sasthamcotta police station for offences punishable under sections 366A, 376, 34 IPC and section 3(a) read with section 4 & 7 read with section 8 of the Protection of Children from Sexual Offences Act 2012 are the petitioners in BA Nos.3548/2017 & 3641/2017 respectively. 2. The accused in Crime No. 743/2017 of Sasthamcotta police station for offences punishable under sections 366(A) 376 read with section 34 IPC and sections 3(a), 5(1),4,6,7 & 8 of POCSO Act 2012 are the petitioners in B.A.Nos.3556/2017, 3619/2017, 3609/2017, 3353 of 2017. 3. Both the above crimes relate to the sexual abuse of two young girls, who are sisters. 4. The first accused in both the above crimes is one Ramseena. The prosecution allegation is that, the said Ramseena got acquainted with the family of the victims. It is alleged that, Ramseena used to claim that she had spiritual power for heeling and also for ostracizing. She enticed younger girl among the victims, who was a 9th standard student, promising that if she offers prayer at a Dargha at Ervadi, she would get good marks in examination and that it would bring the good fortune to the family. On the basis of the above promise, the family members entrusted the above victim to the custody of the said Ramseena. She took her to Ervadi and returned after few days. The girl committed suicide by hanging on 4/4/2017 at 10.a.m. Initially, it was thought that, she had committed suicide due to ill treatment of her younger brother, who was a physically challenged boy. The suicide note also referred to the conduct of above boy. Subsequently, it was brought out in the course of investigation that, when she was taken to Ervadi, she had stayed with Ramseena in the company of one Sarath, Sachin, Bipin . It is alleged that during their stay at Rameswaram and Ervadi, the above persons had sexually abused the girl. It is stated that, after return, she has disclosed it to her elder sister. Crime No.742/2017 was registered. In the course of investigation, Ramseena was arrested on 5/4/2017 and is arrayed as the first accused. Bipin was arrested on 11/4/2017. They seek bail 5.
It is stated that, after return, she has disclosed it to her elder sister. Crime No.742/2017 was registered. In the course of investigation, Ramseena was arrested on 5/4/2017 and is arrayed as the first accused. Bipin was arrested on 11/4/2017. They seek bail 5. Further, the allegation in Crime No.743/2017 is that, utilising her considerable influence over the family, Ramseena had subsequently persuaded the elder child, who is 17 year old to accompany her to Ervadi. She was taken to various places and in the course of their travel, one Nisamudeen, Shavaf and Fenu who were the friends to the victim had joined the company. It is alleged that, they also sexually abused her. During their stay at the above places, Ramseena received information that younger victim had committed suicide and that they are returned to the native place. Thereafter, FIS was laid alleging commission of rape and crime was registered arraying Ramseena as the first accused in the above crimes. Shavaf, Nisamudeen and Fenu were arrested on 14/4/2017 and are in custody. The above accused seeks bail. 6. The entire facts disclose that, the Ramseena had, by her concerted efforts, influenced the parents of the victims and took custody of the children. They were taken to the different places and in the course of their stay, both the children were sexually exploited with the full support of the said Ramseena. She has a definite role in spoiling the life of two minor girls. It was also brought out in the course of investigation that, elder victim, during their travel was sexually abused by the accused even in the train. The first accused had administered certain pills on a pretext that it was intended to delay the menstruation. It appears that it was contraceptive pills that were administered. The entire act of the first accused (Ramseena) clearly shows that, she was in full knowledge of the events and had actively facilitated the sexual exploitation of the victims. She has considerable influence over the victims also. Hence, it is clear that if Ramseena is granted bail at this point of time, she is likely to interfere in the course of judicial process and also to attempt to threaten and coerce the witnesses. Evidently, she has misused the confidence and trust which the family of the victim had reposed on her by entrusting the minor children with her.
Evidently, she has misused the confidence and trust which the family of the victim had reposed on her by entrusting the minor children with her. Hence, she cannot be granted bail. Hence, B.A.No.3548/2017 & 3556/2017 are liable to be dismissed.7. It appears that the allegation against Bipin, who is the petitioner in B.A.No.3641/2017 is based on the oral testimony of the victim in Crime No.743/2017. Evidently, there is no direct evidence as against the said Bipin. Hence, he stands on a different footing from the first accused in that case. Since the entire matter depends on such evidence, I feel that his further custody is not required and he can be granted bail. 8. The petitioners in BA Nos. 3619/2017, 3353/2017 & 3609/2017 are the youngsters who were friends of the victim in Crime No.743/2017. Her version shows that, she had telephoned them during her journey and invited them to Ervadi. They stayed together in a room and had physical relationship both in the room as well as in the terrace of that hotel. The allegation of actual rape is attributed to Nisamudeen and Shavaf. There is no allegation against Fenu of having physical relationship with her except the allegation that he had touched her body and private parts. Definitely, Fenu stands on a different footing. However, all the three accused were arrested on 14/4/2017. 9. Though the allegation against Nisamudeen and Shavaf is very serious, considering the fact that the victim had given her section 164 Cr.P.C. statement and that investigation having progressed considerably, and the young age of the petitioners, I feel that bail can be granted to them on certain conditions. 10. In the light of the above, petitioners in BA Nos.3641/2017, 3619/2017, 3609/2017, 3353/2017 are granted bail subject to the following conditions: (i). Each of the above petitioners shall execute a bond for a sum of Rs. 60,000/- (Rupees Sixty thousand only) with two sureties for the like sum each to the satisfaction of the jurisdictional Court. (ii).They shall appear before the Investigating Officer on all Mondays between 9 am and 10 am from the date of execution of bond till the final report is filed. (iii). Except for the compliance of the above condition, they shall not enter the limits of Sasthamcotta police station till the final report is filed. (iv).
(ii).They shall appear before the Investigating Officer on all Mondays between 9 am and 10 am from the date of execution of bond till the final report is filed. (iii). Except for the compliance of the above condition, they shall not enter the limits of Sasthamcotta police station till the final report is filed. (iv). They shall not threaten, coerce or intimidate the defacto complainant and the witnesses nor shall he interfere in the process of investigation. (v). They shall not get involved in any other identical offences. B.A.Nos.3548/2017 and 3556/2017 are dismissed.