Ajmal B. Babu vs State Of Kerala

Dr. Kauser Edappagath, J

This application is filed u/s 438 of the Code of Criminal Procedure seeking pre-arrest bail.

The applicant is the accused in Crime No.171/2023 of Ponkunnam Police Station. The offences alleged are punishable under Sections 376, 354 and 506(i) of the Indian Penal Code, 1860.

The prosecution case, in short, is that on 06.02.2023 at night, the applicant took the victim to his house and committed rape on her.

I have heard Sri. R. Laiju, the learned counsel for the applicant and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. The learned Public Prosecutor, on the other hand, submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and if he is released on bail at this stage, it will affect the course of the investigation.

The victim is a married woman and having children. She was found missing from on 06.02.2023. The husband of the victim filed a complaint before the police and accordingly, the crime under Section 57 of the Kerala Police Act was registered. Thereafter, the victim was traced out by the Ponkunnam Police. A statement of the victim was recorded by the police in which she stated that she was in love with the applicant and she voluntarily left her home, went along with the applicant and stayed at his house on the night of 06.02.2023. There is absolutely no allegation of any kind of sexual assault or rape in the said statement which was recorded by the police on 07.02.2023. On the next day, she was taken to the Magistrate. Before the Magistrate, for the first time, the allegation of sexually assault was made. The applicant has no criminal antecedents. Considering the allegations levelled against the applicant, his custodial interrogation does not appear to be necessary. For these reasons, it is a fit case where pre-arrest bail can be granted to the applicant.

In the result, the application is allowed on the following conditions:-

(i) The applicant shall be released on bail in the event of his arrest on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the arresting officer/investigating officer, as the case may be.

(ii) The applicant shall fully cooperate with the investigation, including subjecting himself to the deemed police custody for discovery, if any, as and when demanded.

(iii) The applicant shall appear before the investigating officer between 10.00 a.m. and 11.00 a.m. every Saturday until further orders. He shall also appear before the investigating officer as and when required.

(iv) The applicant shall not commit any offence of a like nature while on bail.

(v) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(vii) The application, if any, for deletion/modification of bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.