Augustin @ Unni vs State Of Kerala

C. Jayachandran, J

In this Crl.Appeal, Annexure-A order refusing bail to the appellant is under challenge. The appellant is the accused in Crime No.131/2022 of Rajapuram Police Station. The offences alleged are under Section 376(2)(n) of the Indian Penal Code and Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe(Prevention of Atrocities) Act, 2015( in short,‘ the Act’).

The prosecution would allege that in the months of September and November, 2021, the appellant committed rape on the victim, who is a member of the Scheduled Tribe, pursuant to which she became pregnant.

The bail sought for was refused vide the impugned order only on the premise that the victim may be influenced or intimidated by the appellant, she being a member of the marginalised sector. Another reason stated is that release of appellant on bail may send across a wrong message to the society.

Heard the learned counsel for the appellant and the learned Public Prosecutor. Perused the records.

This Court takes note that the appellant has been in the custody for the last 76 days. As per the submissions made by the learned Public Prosecutor, the final report has already been filed on 06.04.2022. Notice in terms of Section 15(A) of the Act, has already been served on the third respondent. However, there is no representation for the third respondent today.

Having reckoned the number of days of incarceration undergone by the appellant and taking particular stock of the fact that the final report has already been filed, this Court finds no purpose to be served by incarcerating the appellant.

In the result, this Crl.Appeal is allowed with a direction to release the appellant on bail subject to the following conditions:

(i) The appellant shall execute a bond for Rs.50,000/-(Rupees fifty thousand only), with two solvent sureties, each for the like sum to the satisfaction of the Sessions Court.

(ii) The appellant shall not leave India, except with the permission of the Sessions Court concerned.

(iii) The appellant shall not indulge in any other crime, either of a similar nature or otherwise, while on bail.

(iv) The appellant shall not influence or intimidate the witnesses.

(v) The appellant shall not contact the victim in any manner, whatsoever, and shall not make any effort to influence or intimidate her.

(vi) In case, any of the conditions stipulated above is violated, it will be open for the Public Prosecutor concerned to move the trial court for cancellation of bail.