Vandiperiyar Rape-Murder Case: Kerala High Court Grants Bail To Relative Of Acquitted Accused Who Was Charged In A Counter Case

The petitioner in this case was accused of crimes registered under Sections 307 (attempt to murder) , 324 (voluntarily causing hurt by dangerous means or weapons) and 294 (b) (obscene act and songs) of IPC at the Vandiperiyar Police Station, Idukki.

A single judge bench of Justice C S Dias was hearing the bail application.

The prosecution allegation was that the petitioner manhandled the defacto complainant and stabbed him with a sharp object.

The Counsel for the petitioner submitted that the alleged incident occurred in connection with the acquittal of the petitioner's nephew Arjun, who was arrayed as the sole accused in the Vandiperiyar case. The Counsel argued that the de facto complainant had assaulted the petitioner and a case was registered, it was to avenge that a counter case was filed. It was submitted that the Court has previously granted police protection to the relatives of Arjun since they were facing a threat to their lives.

The Public Prosecutor submitted that the law and order situation in Vndiperiyar was quite tense after the acquittal of Arjun and releasing the petitioner on bail would further create a law and order situation.

The Court found that there was a case and a countercase between the petitioner and the de facto complainant in connection with the alleged incident. "Indisputably, there is a case and counter case registered against the petitioner and the defacto complainant and their family members in connection with an incident that occurred on 06.01.2024", stated the Court. 

The Court observed that the petitioner had been in judicial custody since January 6, 2024,  and that the investigation was also complete

The Court also took note of the fact that the relatives of Arjun were granted police protection in anticipation of attack against them and the police were also directed to maintain law and order in the locality.

“…….taking into account the fact that the petitioner has been in judicial custody since 06.01.2024, that the Station House Officer, Vandiperiyar was directed to maintain law and order in the locality as per Annexure A2 order, that the investigation in the case is practically complete, that the recovery has been effected and that the petitioner has been in judicial custody for the last more than 30 days, I am of the definite view that the petitioner's continued detention is unnecessary. Hence, I am inclined to enlarge the petitioner on bail, but subject to stringent conditions..”, stated the Court.

Accordingly, the bail application was allowed.

Counsel for the petitioner: Advocates S.K.Adhithyan, Reuben Charly

Counsel for Respondents: Senior Public Prosecutor C S Hrithwik

Citation: 2024 LiveLaw (Ker) 104

Case title: Babu @Palraj v State of Kerala

Case number: BAIL APPL. NO. 580 OF 2024

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