Actor Sexual Assault Case: Kerala High Court Grants Bail To Co-Accused Vijeesh, Incarcerated For 5 Yrs

The Kerala High Court on Monday granted bail to the 4th accused in the sensational actor sexual assault case of 2017 where a popular Malayalam actress was abducted, wrongfully confined and sexually assaulted in a moving car. Justice P. Gopinath released the applicant on bail considering that he had served five years in jail and since other accused who had similar roles in the incident as that of the applicant were already granted bail. "I note that the role ascribed to the petitioner is not substantially different from the role ascribed to accused 3, 5 & 6 who have been granted bail considering their long period of incarceration. I also note that the Supreme Court has granted bail to the 2nd accused on 9.3.2022, again, considering the long period of incarceration. The petitioner herein has been in custody from 23.2.2017 which means that he has been in custody for more than 5 years. I am therefore inclined to grant bail to the petitioner."Advocates A. Mohammed, T.R.S Kumar and Mithun C.Thomas appearing for the petitioner submitted that he has been in custody for the last 5 years and his continued detention is absolutely unnecessary. They further argued that though the trial of the case was almost complete, the prosecution has now initiated a further investigation so the trial is not likely to be completed in the near future.It was submitted that the 2nd accused in the case had been directed to be released on bail by the Supreme Court and that bail was granted to the 3rd, 5th and 6th accused as well.Senior Public Prosecutor T.R. Renjith vehemently opposed the grant of bail submitting that the further investigation will be completed by 15th April in terms of orders issued by this Court. It is submitted that the prosecution is anxious to see that the trial of the case is completed at the earliest. It is submitted that the release of the petitioner on bail at this point in time would not be conducive to the prosecution.The Court released the applicant on bail on his executing a bond for Rs.1,00,000/- with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. He was released subject to the following conditions:1) The applicant shall continue to appear before the Investigating Officer on the first Monday of every month between 9 a.m. and 11 a.m. until the said condition is modified by the trial Court at the appropriate stage. 2) He shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence. He shall not contact the victim or her family members in any manner. 3) He shall not enter the limits of Ernakulam and Thrissur revenue districts for a period of six months, except for complying with the conditions of this order or for appearance in Court. If for any extraordinary reason that applicant requires to enter the limits, previous permission has to be obtained from the jurisdictional Court. 4) He shall not commit any similar offence while on bail. 5) He shall not leave India without the permission of the Court and if having passport, shall deposit the same before the Trial Court within a week; If release of the passport is required at a later period, the applicant shall be at liberty to move appropriate application before the Court having jurisdiction.It was held that in case of violation of any of the above conditions, the jurisdictional Court can consider the application for cancellation if any, and pass appropriate orders in accordance with the law.Case Title: Vijeesh V.P. v. State of Kerala Click Here To Read/Download The Order

Actor Sexual Assault Case: Kerala High Court Grants Bail To Co-Accused Vijeesh, Incarcerated For 5 Yrs

Hannah M Varghese

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