Abhijith K.J 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 accused in Crime No.448 of 2022 of Thankamani Police Station, Idukki, alleging offences punishable under Section 376(2)(n) of the Indian Penal Code, 1860 apart from Section 4(1) r/w Section 3(a) and Section 6 r/w Section 5(l) of the Protection of Children from Sexual Offences Act, 2012.

According to the prosecution, the accused committed rape upon the victim aged 17 years in September, 2019 and on several occasions thereafter.

Sri.B.Surjith, the learned counsel for the petitioner contended that the entire prosecution allegations are false. It was submitted that since the petitioner was arrested on 06.08.2022, the continued detention is not essential.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, there is every chance that he may influence or intimidate the witnesses. It was also submitted that the final report was filed on 14.09.2022.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 06.08.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case, more so since the investigation is over and the final report has already been filed. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed 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, notwithstanding the bail having been granted by this Court.