Baiju M Joseph vs State Of Kerala And Ors

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

The petitioner is the accused in Crime No.190/2021 of Koothattukulam Police Station. The offences alleged are under Sections 450, 376(1), 376(2)(n), 354C, 354D (1)(i), 294(b), 506 and 509 of IPC and S.66E of the I.T.Act.

The prosecution case in short is that the petitioner captured the naked video of the victim while she was taking bath and by showing the same, sought consent for sexual intercourse and thereafter on 10/1/2019 at 9.00 p.m, he criminally trespassed into the house of the victim, committed rape on her at her bed room, captured the same in his mobile phone and continued to threaten her by showing such recording in the mobile phone. The prosecution further alleges that on 17/2/2021, at 8.15 p.m, the petitioner trespassed into the courtyard of the house of the victim, uttered obscene words and showed his private parts to her daughter and caught hold on her breast with intention to sexually harass her and thereby committed the offence.

Heard both sides and perused the case diary. 5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if he is released on bail at this stage, it would affect the course of investigation.

Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 28/2/2021. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. Even though the alleged act of rape was committed in January, 2019, the complaint was filed and crime was registered only in February, 2021. There is no explanation for the undue delay of two years. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave State of Kerala without the permission of the trial Court.