Abdul Rahman vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.1899/2021 of the Kovalam Police Station, Thiruvananthapuram, which is now pending consideration as SC No.262/2022 before the Assistant Sessions Court, Neyyattinkara. The crime was registered for the offence punishable under Sections 450, 511 and 376 of the Indian Penal Code, 1860.

According to the prosecution, the accused attempted to commit rape on the victim on 04.11.2021 after trespassing into her house and thereby committed the offences alleged.

Shri.Sasith.M.R., the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had never occurred. It was also submitted that petitioner was arrested on 05.11.2021 and that his continued detention is not essential for the purpose of the case.

Shri.Sudheer.G., the learned Public Prosecutor opposed the grant of bail and contended that petitioner has several criminal antecedents against him, including offences under the Abkari Act, NDPS Act and a proceeding under Section 107 of the Cr.P.C. has also been initiated against him.

I have perused the statement of the victim and have also considered the rival contentions. Even though the allegation against the petitioner are serious in nature, and despite the petitioner having several criminal antecedents, I am of the view that since the petitioner has been in custody from 05.11.2021, his continued detention is not essential for the purpose of the prosecution. Having regard to the nature of the allegations, it is essential to protect the victim involved in the case.

Accordingly, I allow the application on the following conditions:

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, not with standing the bail having been granted by this Court.