Anas vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.433/2022 of Tanur Police Station. The offences alleged against the petitioner is under Sections 450, 376(2)(n), 406 and 313 of the Indian Penal Code, 1860

The prosecution allegation is that, between June 2020 and 10th, May 2022, the petitioner tresspassed into the house of the defacto complainant and committed rape after promising to marry her and even forced her to abort her pregnacy and even failed to return 5 sovereigns of gold ornaments and Rs.200,000/- taken from her and thereby committed the offences alleged.

Sri.P.T.Sheejish, learned Counsel for the petitioner submitted that the entire prosecution case is falsely foisted against the petitioner and that he is totally innocent.

Smt.M.K.Pushpalatha, learned Public Prosecutor, on the other hand opposed the grant of bail and submitted that there is every chance that the petitioner may influence the witnesses or even intimidate them .

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 30.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(iv) Petitioner shall not commit any similar offences while he is on bail.

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.