Hamsa @ Achutty vs State Of Kerala

Dr.Kauser Edappagath, J

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

The applicant is the sole accused in Crime No.80/2023 of Ottappalam Police Station. The offences alleged are punishable under Section 376(2)(l) of Indian Penal Code, 1860 and Section 92(d) of the Right of Persons with Disabilities Act.

The prosecution case, in short, is that on 16.01.2023 between 3.00 pm and 4.30 pm, the applicant committed rape on the survivor, who is a mentally retarded person at the back side of the house of the survivor at Akalur and thereby committed the offence.

I have heard Sri.B.A.Aloor, the learned counsel for the applicant and Smt.S.Rekha, the learned Senior Public Prosecutor. Perused the case diary.

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage. The learned Public Prosecutor submitted that investigation is over and the charge sheet has already been filed.

The applicant is in custody since 24.01.2023. It is true that offence alleged against the applicant is serious in nature. However, considering the fact that the charge sheet has already been filed and the applicant does not have any criminal antecedents, I am of the view that the applicant can be granted bail on stringent conditions.

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

(i) The applicant 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 applicant shall not commit any offence of a like nature while on bail.

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

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The applicant shall not enter into the jurisdiction of the police station where the victim resides until the disposal of the case by the court below.

(vi) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.