Abdul Sathar T vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 782 of 2021 of Kozhikode Town Police Station, Kozhikode District, alleging commission of offences

under Sections 370, 370A and 376D of the Indian Penal Code.

The allegation against the petitioner is that on 21.11.2021 between 3 pm and 4 pm, the petitioner had sexually assaulted and committed rape on the

victim at a lodge by name, Oasis in Kozhikode.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the victim is a girl from

Assam, who was lodged in the Oasis Lodge, and she had run away from her room being under the influence of some intoxicating drug. It is further

submitted that the Pink Police had intercepted the victim and thereafter, she had given a statement that she was subjected to sexual assault and rape

by the petitioner and other accused. It is also submitted that the petitioner is a 60-year-old man, who was arrested in the matter on 30.11.2021 and has

completed 71 days in custody. It is submitted that the son of the petitioner, who is an accused in Crime No. 780 of 2021 of Kozhikode Town Police

Station, which is also registered on the basis of the information given by the same victim, is also in custody.

The learned Public Prosecutor points out the circumstances of the case and states that the victim was brought to Kozhikode on the pretext that she

would be given a job and thereafter, the petitioner and other accused subjected her to sexual assault and rape. It is submitted that somehow, she

managed to escape from the clutches of the accused and she had given the information, which led to the registration of this crime and other crimes. It

is further submitted that the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 71 days and since his

further detention may not be necessary for the purpose of any investigation, I am of the opinion that the petitioner can be granted bail, subject to strict

conditions to ensure that he does not interfere with the investigation in any manner.

In the result, the bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(a) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the

jurisdictional court;

(b)Petitioner shall appear before the investigating officer in Crime No. 782 of 2021 of Kozhikode Town Police Station, Kozhikode District, whenever called upon to do

so;

(c) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the victim or any witness in Crime No. 782 of 2021 of Kozhikode

Town Police Station, Kozhikode District;

(d)The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions is violated, the investigating officer in Crime No. 782 of 2021 of Kozhikode Town Police Station, Kozhikode District,

may file an application before the jurisdictional court for cancellation of bail.