9 Jan 2023 12:50 PM GMT
The Kerala High Court on Monday granted bail to Dimple Lamba alias Dolly, who allegedly facilitated the gang rape of a 19 year old model in a moving car in Ernakulam. Justice Bechu Kurian Thomas passed the above order. "The victim had specifically stated, at the initial stage itself, that the petitioner had an active role in the crime committed. The sequence of events as pointed out by...
The Kerala High Court on Monday granted bail to Dimple Lamba alias Dolly, who allegedly facilitated the gang rape of a 19 year old model in a moving car in Ernakulam.
Justice Bechu Kurian Thomas passed the above order.
"The victim had specifically stated, at the initial stage itself, that the petitioner had an active role in the crime committed. The sequence of events as pointed out by the learned Public Prosecutor also indicates prima facie, the possibility of an active role played by the petitioner. However, taking note of her young age, and the period of detention already undergone including the stage of investigation, I am of the view that no further purpose would be served by continuing the petitioner in detention. Moreover she is a woman falling within the beneficial provision of the first Proviso to Section 437 of Cr.P.C.", it was observed.
The prosecution case was that on November 17, 2022, the accused persons 1-3 who had allegedly gangraped the victim, had mixed a drunk in the beer that was had by the latter, took her to a vehicle, and raped her repeatedly inside the moving vehicle. It was alleged that the petitioner herein who is the 4th accused in the case, had paved the way for the victim to be so abused by the other accused.
It was contended by Advocates V.S. Thoshin and P.M. Afsal Mohammed on behalf of the petitioner that the petitioner was innocent in the case. It was contended that the offence committed by the other accused persons was not known to the petitioner, and she had no role to play in the same than be a friend to the victim.
On the other hand, Public Prosecutor K.A. Noushad, contended that the victim had specifically mentioned about the role of the petitioner in the offence. He argued that the petitioner had come along with the other accused persons, and introduced the victim to them. The Public Prosecutor contended that the petitioner had avoided getting into the vehicle after the victim got drugged thereby indicating her participation in the act committed. He further argued that the CCTV footages from the various parts of the city would also indicate that the petitioner was involved in the said offence.
The Court thus granted bail to the petitioner on the following conditions:
Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction. One of the sureties shall be a local surety and the other surety shall be a close relative of the petitioner;
Petitioner shall appear before the Investigating Officer as and when required and on every alternate Saturday between 10.00 am and 11.00 am till the filing of final report;
Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence or contact the victim or her family members;
Petitioner shall not commit any similar offences while she is on bail; and
Petitioner shall not leave Ernakulam District until filling of the final report and thereafter, she shall not leave the State of Kerala, without the permission of the Court having jurisdiction till conclusion of trial.
The Court has added that in case of violation of any of the aforementioned conditions, the jurisdictional court would have the authority to consider the application for cancellation of the bail, and pass appropriate orders.
Case Title: Dimple Lamba @ Dolly v. State of Kerala
Citation: 2023 LiveLaw (Ker) 15
Click Here To Read/Download The Order