Hamza vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.386/2022 of Noolpuzha Police Station, Wayanad District. The offences alleged against the petitioner are under 376(1), 354A(1)(ii), 354D and Section 506 of the Indian Penal Code, 1860.

According to the prosecution, on 30.03.2022, petitioner is alleged to have outraged the modesty of the victim and and thereafter committed rape on her after threatening to put her children to death if she discloses it to anyone.

Sri.Adithya Rajeev, learned Counsel for the petitioner submitted that the prosecution allegations are false and that the incident as alleged against the petitioner is fabricated and has been raised on account of a personal vengeance. It was further pointed out that though the incident is alleged to have occurred on 30.03.2022, the crime was registered only on 30.05.2022 and further, other than the statement of the victim, no other evidence is available. It was further pointed out that since the petitioner was arrested on 01.06.2022, and the investigation has reached its final stage, the continued detention of the petitioner is not warranted

Smt.M.K.Pushpalatha, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the petitioner committed rape on the victim in a plantation and that the petitioner had threatened victim from divulging the incident to anyone. According to the learned Public Prosecutor, releasing the petitioner on bail at this stage will prejudice the investigation and would also cause intimidation for the victim, especially since the petitioner is a neighbour. .

Having heard learned Counsel for the petitioner and the learned Public Prosecutor and on perusing the statement given by the victim, I notice that the incident is alleged to have occurred on 30.03.2022, while the complaint was given on 30.5.2022. Even though the same by itself cannot be prejudicial to the prosecution case, having regard to the fact that the petitioner was arrested on 01.06.2022, I am of the view that the continued detention of the petitioner is not required. However strict conditions have to be imposed on the petitioner from interacting or contacting the victim. Accordingly, while I allow this application for bail, the following conditions are imposed.

(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 enter into the jurisdictional limits of the Noolpuzha police station till the conclusion of the investigation.

(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..