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Judgment
Application for regular bail. This is the 2nd application filed by the petitioner, who is the 2nd accused in Crime No.695/2020 of Badiadka Police Station, Kasaragod District registered for the offences punishable under Sections 342, 323, 308, 506(ii), 366, 370A(2), 376(i) and 376(2) (m) of the Indian Penal Code.
The petitioner has been in custody since 22.12.2020.
The prosecution allegation is that, the defacto complainant and the 1st accused are having some money transaction. While so on 11.12.2020, the 2nd accused a close relative of the 1st accused contacted the defacto complainant and informed her that, she is ready to return the amount of Rs.80,000/-taken by the 1st accused from her and asked to meet her on 12.12.2020 at 10.00 a.m. at a place called Neerchal to collect the amount from her. So the defacto complainant went to Neerchal as requested by the 2nd accused and then she came in a car and took her to different places under the pretext to take the money from ATM counter. The 1st accused also joined them in the car on the way and they took her to a house and detained in a room and the 1st accused committed rape on her. The 2nd accused also caused severe injuries and attempted to suffocate her with a pillow so as to cause her death. But on hearing her hue and cry the car driver rushed to the spot and saved her and admitted her in a hospital. The 2nd accused has facilitated the 1st accused to commit rape on her and to cause injuries to her and thereby committed the aforesaid offences.
The learned counsel for the petitioner has submitted that, in fact she is undergoing incarceration right from 22.12.2020. Though she is innocent she has to undergo almost three months in custody pursuant to the false allegations levelled against her by the defacto complainant, hence this application.
The learned Public Prosecutor on instructions submitted that now the investigation of the case is over and charge sheet has been presented before the court concerned today.
Considering the above said fact, I think that further detention of this petitioner may not be required for the case and hence this application is allowed and she is released on bail subject to the following conditions:
(i) The petitioner shall be released on bail on her executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each jurisdiction. petitioner. to the satisfaction of the court having One surety shall be a close relative of this
(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.
(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise 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.
(iv) The petitioner shall not commit any offence while on bail.
In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.