Kerala High Court Denies Bail To Monson Mavunkal In Sexual Assault Cases
The Kerala High Court on Thursday dismissed the bail applications moved by infamous fake antique dealer Monson Mavunkal in a batch of cases where several women have accused him of sexually abusing them.Justice Bechu Kurian Thomas dismissed the bail application finding find force in the contention of the prosecution that there is a possibility that he may influence the witnesses if released...
The Kerala High Court on Thursday dismissed the bail applications moved by infamous fake antique dealer Monson Mavunkal in a batch of cases where several women have accused him of sexually abusing them.
Justice Bechu Kurian Thomas dismissed the bail application finding find force in the contention of the prosecution that there is a possibility that he may influence the witnesses if released on bail.
"Taking into consideration the nature of crime alleged to have been committed and the surrounding circumstances, I am of the view that this is not a fit case where the petitioner can be released on bail."
It was also found that the criminal antecedents of the petitioner also stare against him in granting bail. Several cases are alleged to have been committed by him which cannot be ignored while considering the application for bail, the Judge observed.
The petitioner is admittedly involved in various crimes, including three cases of rape. The trial of one case under section 376 IPC coupled with the offence under the POCSO Act for having raped a minor is already underway. The said minor survivor is alleged to have been raped even after she attained majority, and this crime relates to the said offensive conduct. The witnesses, in this case, include the employees of the petitioner.
Advocate Renjith B. Marar appeared for the petitioner and submitted that even if the entire allegations are assumed to be correct, still, an offence under section 376 is not made out, and it can, at the most, reveal only a consensual sexual relationship.
Additional Director General of Prosecution Grashious Kuriakose opposed the bail application and submitted that considering the peculiar nature of the case and the enormous influence that the petitioner could wield over the gullible witnesses, the petitioner ought not to be granted bail despite him having been taken into custody.
According to the FIR filed by one of the women, a nurse, she was raped with the threat that otherwise her brother will be implicated in an NDPS case in the first week of May 2018.
The woman added that this continued till June 2019. Thereafter, she gave a statement on 27 October 2021 to the police and a crime was registered against him. Soon he was arrested on 6th November 2021 and remanded to judicial custody.
According to Mavunkal, the woman was anxious of being implicated as a co-accused in various financial crimes and this prompted her to turn against him. He added that the statement was allegedly dictated by the police officers themselves. The accused also contended that the woman is a married woman with children who is estranged from her husband.
In his application, Mavunkal has questioned the undue delay in filing the case, claiming to be proof that it is a false story.
He has further alleged that the police was highly interested in the case and was prejudiced against him. The plea also contends that money, politics, and the police force are invested to throw him behind bars.
He also submitted that in most of the financial crimes, he has been granted bail, thereby proving that this sexual assault case was nothing but a result of clear manipulation.
Mavunkal has claimed that his family is devastated; he argued that his daughter's marriage has been called off after he was arrested. It was further submitted that a final report on the matter has been filed. On these grounds, Mavunkal pressed that the application be allowed and he be released on bail.
Notably, a Sessions Court had dismissed Mavunkal's bail application finding that the records prima facie show his involvement in the said offences.
The trial court also recorded in its order that not only are these allegations grave but Mavunkal is reportedly involved in several crimes of similar nature. Additionally, the trial court had found merit in the prosecution's apprehension that since the man is highly influential, he could influence the witnesses, or even abscond.
Case Title: Monson Mavunkal v. State of Kerala & Anr.
Citation: 2022 LiveLaw (Ker) 349