High CourtsSingle Bench

Amal. S vs State Of Kerala

High Court Of Kerala · Decided on 6 October 2021 · Citation: (2021) 10 KL CK 0034

HON’BLE JUDGES
M.R.Anitha, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 376(2)(n)
RESULT
Allowed
CASE NUMBER
Bail Appl. No. 6845 Of 2021
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Judgment

12 paragraphs · 364 words

M. R.Anitha, J

1.

Petitioner is the sole accused in crime No.815/2021 of Perunad Police Station, which is registered for the offences punishable u/s.376(2)(n)IPC.

2.

It is alleged that on 27.04.2021 at about 11.30 hours accused with the intention of committing sexual assault upon the victim, trespassed into the house and committed rape upon her promising to marry her and subsequently he took her to his mother's house at Ezhukone and there also he repeatedly committed rape upon her, thereby accused committed the offence aforementioned.

3.

The Inspector of Police, Perinadu filed Report. In the Report, it is stated that the investigation is progressing. If bail is granted to the petitioner, there is possibility of influencing the witnesses and threatening them and destroying the evidence. Hence, he prays for dismissal of the petition.

4.

It has come out from the records that the petitioner is aged 20 years. He has been under confinement from 11.08.2021 onwards. Considering the petitioner's age and the fact that the petitioner herein is not involved in any other crime, it seems that continued confinement of the petitioner is not necessary. Hence, I find it just and proper to grant bail to the petitioner on the following conditions:

(i) The petitioner shall execute bond for a sum of Rs.35.000/- (Rupees thirty five thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.

(ii) He shall report before the investigating officer on every Monday between 9.00 a.m and 11.00 a.m for three months or until the Final Report is filed, whichever is earlier.

(iii) He shall surrender his passport before the trial court within ten days from the date of his release on bail and in case he does not have any passport, he shall file an affidavit to that effect.

(iv) He shall not try to contact or influence the witnesses or tamper with the evidence;

(v) He shall not involve in any crime during the period on bail.

In case of violation of any of the above conditions, the jurisdictional court will be at liberty to cancel the bail in accordance with the law.

This bail application is allowed as above.