Faisal K.S 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.338 of 2022 of Vythiri Police Station, Wayanad District, registered for the offences punishable under Sections 366, 376(2)(a), 506 and 323 of the Indian Penal Code, 1860.

The prosecution case is that, from October 2018 the petitioner after abducting the victim committed rape on her after promising to marry and thereafter continued to rape her till 24.08.2022, by taking her to many places, and thereby committed the offences alleged.

Sri.P.U.Shailajan, the learned counsel for the petitioner, submitted that the prosecution case is false and that the incident as alleged had never occurred. It was further submitted that even going by the prosecution case, the victim is a married lady with two children and that it is impossible to believe that the petitioner committed rape on her with the promise of marriage. The learned counsel also pointed out that even if the entire prosecution case is accepted for argument's sake, still it can only make out a case of a consensual relationship.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner was arrested on 04.09.2022 and that releasing the petitioner on bail at this juncture would cause great prejudice to the prosecution.

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 04.09.2022, 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:-

(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 appear before the Investigating Officer as and when required.

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

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) 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.