Ashkar 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.176/2022 of Vellamunda Police Station alleging offences under Sections 450 and 376 of the Indian Penal Code, 1860.

Prosecution case is that on 24.05.2022 at about 10.30 a.m., the accused trespassed into the house of the defacto complainant and committed rape on her.

Adv.Celine Joseph appearing for the petitioner submitted that the entire prosecution case is false and that the petitioner is totally innocent. It was further submitted that in any event, the petitioner was arrested on 29.05.2022 and has been in custody since then and further detention is not required.

Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and pointed out that the petitioner has committed a serious offence and that if the petitioner is released on bail, it shall cause prejudice to the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 29.05.2022, 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 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.

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

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

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

(v) Petitioner shall not enter into the jurisdictional limits of the Vellamunda Police Station until the final report is filed.

(vi) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.