Hamza Rameez vs State Of Kerala

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

The petitioner is the accused in Crime No.43/2021 of Cheranelloor Police Station, Ernakulam. The offences alleged are under Sections 376(1) of

IPC and 5(j)(ii), 6(1) of the POCSO Act.

The prosecution case in short is that on 6/9/2020 at 10.00 p.m, the petitioner raped the victim at the bedroom of her house situated at Edappally

North Village against her consent and thereby committed the offence.

Heard both sides and perused the case diary.

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 the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner is aged 23 years and the victim is aged 16 years. Records would show that they were in love. The alleged sexual act has taken place

at the house of the victim at 10.00 p.m. The petitioner is in judicial custody since 4/2/2021. The mother of the victim has sworn in an affidavit and it

has been filed. It would show that both family members have decided to solemnize the marriage of the petitioner and the victim once she attains 18

years of age. The mother has stated in the affidavit that she has no objection in granting bail to the petitioner. The investigation is almost complete.

Hence, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. 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 `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.