'Was Absconding For 12 Years': Kerala HC Denies Anticipatory Bail To 70-Yr-Old In Minor's Rape Case

The Kerala High Court on Wednesday dismissed the anticipatory bail application of a 70-year-old accused in a rape case who has been absconding for 12 years.

Justice Bechu Kurain Thomas rejected the contention raised by the petitioner that he was unaware of the crime registered against him. 

The investigation against the petitioner was stalled for the last 12 years due to the absence of the petitioner in the country. It cannot be believed that the petitioner was unaware of the crime registered against him. He was thus absconding for the last 12 years and more.

The prosecution case is that, between May 2010 and January 2011, the accused committed rape on a minor girl. The Prosecution further averred that the victim was subjected to rape by several persons on several days during this period, and crime was registered against 153 accused, among which many are absconding. It was submitted that the petitioner had been absconding since 2011. 

When this anticipatory bail application came before the Court last week, an interim order was passed by the Court directing the Investigating Officers not to arrest the petitioner till the end of this month so as to enable him to come down to Kerala from Abu Dhabi. 

When the matter was taken up, Counsel appearing for the petitioner, Advocate S. Rajeev, submitted that the petitioner had been falsely implicated in the crime and that he had no involvement at all in the alleged incident. It was also submitted that the petitioner was unaware of the registration of the crime and also that he had never absconded and further submitted that, taking into consideration the age of the accused and the date of the incident, the petitioner ought to be granted anticipatory bail. 

On the contrary, the Public Prosecutor Advocate Noushad K. A. opposed the grant of bail, contending that the petitioner had been absconding for the past 12 years, which stifled the investigation for a couple of years. He further submitted that the involvement of the petitioner in the crime was specifically spoken to by the victim and other witnesses; however, the investigation came to a standstill due to the absence of the petitioner from the country, and the only reason the petitioner has returned to the country was that the investigating officer had taken steps to cancel the petitioner's passport. 

The Court sided with the contentions raised by the public prosecutor and observed that the investigation against the petitioner was stalled for the last 12 years due to the absence of the petitioner in the country, and it cannot be believed that the petitioner was unaware of the crime registered against him. He was thus absconding for the last 12 years and more, observed the Court. 

Taking into consideration of the fact incident had occurred in 2011, and the victim had specially mentioned the instances of the offence of rape being committed by various accused and that the accused have been absconding for the last 12 years, the Court did not find it fit to release on anticipatory bail. 

Thereby dismissing the bail application. 

Case Title: Puthukkattu Pareekutty Aliyar v. State of Kerala & Anr.

Citation: 2022 LiveLaw(Ker) 504

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