Ajmal T. vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No. 1423 of 2021 of Infopark Police Station, Ernakulam District, alleging commission of offences under Sections 370, 352, 342, 343, 328, 506(1), 376(2), (j), 376(2)(n) & 376(D) r/w Section 34 of the Indian Penal Code and Section 66(E) of the IT Act.

The allegation against the petitioner is that the petitioner subjected the de facto complainant/victim to rape at a lodge being operated by the 4th accused. It is alleged that the de facto complainant/victim was under illegal confinement at the lodge.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had met the victim at the lodge only upon her invitation and the allegations are raised only to attempt blackmail of the petitioner. It is further submitted that the petitioner has been in custody since 10.12.2021 and has completed 88 days in custody. It is submitted that since it is unlikely that the final report will be filed in the near future, the petitioner will be entitled to bail on completion of 90 days in custody.

The learned Public Prosecutor submits that the investigation conducted thus far shows that the allegations raised against the petitioner by the de facto complainant are true. It is submitted that the 4th accused in the case is yet to be arrested as her anticipatory bail application is pending before this Court. It is further submitted that the petitioner is accused of serious offences. However, it is confirmed that the filing of the final report will take some more time as the custody of the 4th accused is necessary in the matter.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has completed 80 days in custody and since his continued detention is not necessary for the purpose of investigation, I am of the view that the petitioner can be granted bail, subject to conditions.

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. 1423 of 2021 of Infopark Police Station, Ernakulam 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. 1423 of 2021 of Infopark Police Station, Ernakulam District;

(d)The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the jurisdictional court within seven days of release on bail;

(e) 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. 1423 of 2021 of Infopark Police Station, Ernakulam District, may file an application before the jurisdictional court for cancellation of bail.