Aneesh 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 sole accused in Crime No.815 of 2022 of Mala Police Station, Thrissur district, registered for the offences punishable under Sections 341, 323, 354A(1)(i), 354B, 376(1) and 506 of the Indian Penal Code, 1860.

The prosecution case is that, on 27.07.2022 at about 10.15 p.m., the accused trespassed into the house of the defacto complainant and after outraging her modesty committed rape on her, and thereby committed the offences alleged.

Adv.Devy, the learned counsel for the petitioner submitted that the prosecution allegations are false and that the incident as alleged had never occurred. It was further submitted that, in any event, petitioner has been in custody since 09.09.2022 and that the final report has already been filed, and therefore further detention is not essential.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations are serious in nature. It was further submitted that the sample of DNA collected has already been sent for analysis and the results are awaited. It was submitted that the petitioner ought not be released even before the said results are obtained.

I have considered the rival contentions. Petitioner is alleged to have committed serious offences. However, he was arrested on 09.09.2022 and the final report has already been filed. Even though, the DNA analysis is awaited, the same is not a reason to deny bail to the petitioner, especially since the final report has already been filed.

Accordingly, 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.