Deepu vs State Of Kerala

C.S.Dias, J

The application is filed under Section 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.2536/2023 of Nedumangad Police Station, Thiruvananthapuram, registered against the petitioner alleging him to have committed the offences punishable under Sections 377 & 323 of the Indian Penal Code,1860. The petitioner was arrested on 05.12.2023.

The prosecution case, in brief, is that: On 03.12.2023 at about 15.30 hours, the accused called the de facto complainant and gave him alcohol and when he fell unconscious, the accused had carnal intercourse with the de facto complainant. Thus, he has committed the above offence.

Heard; Sri. K.K. Dheerendrakrishnan, the learned counsel appearing for the petitioner and Sri. C.S. Hrithwik, the learned Senior Public Prosecutor appearing for the respondent.

The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusation levelled against him. The petitioner has been falsely implicated in the crime. The petitioner has been in judicial custody since 05.12.2023. The investigation in this case is almost complete. The petitioner is willing to abide by any stringent condition imposed by this Court. Hence, the application may be allowed.

The learned Public Prosecutor, on instructions, submitted that the investigation in this case is almost complete. The petitioner may be released on bail on stringent conditions.

On a consideration of the materials placed on record and taking note of the fact that the investigation in the case is almost complete and the petitioner has been in judicial custody since 05.12.2023, I am of the view that the petitioner’s continuous detention is unnecessary. Hence, the petitioner is entitled to be released on bail.

In the result, the application is allowed, by directing the petitioner to be released on bail on him executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction, which shall be subject to the following conditions:

(i) The petitioner shall appear before the Investigating Officer on every alternate Saturdays between 9 a.m. and 11 a.m for a period of three months or till the final report is filed, whichever is earlier. He shall also appear before the Investigating Officer as and when required;

(ii)The petitioner shall not directly or indirectly make any inducement, threat or procure to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any Police Officer or tamper with the evidence in any manner, whatsoever;

(iii)The petitioner shall not commit any offence while he is on bail;

(iv)In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail,if any filed, and pass orders on the same, in accordance with law.

(v) Applications for deletion/modification of the bail conditions shall also be filed and entertained by the court below.