Ismail. P.K vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 6th accused in Crime No.172/2022 of Kasargod Vanitha Police Station. The offences alleged against the petitioner and other accused are under Sections 370 A(2), 376 D, 109 of the Indian Penal Code.

The prosecution case is that on 17.12.2022, the accused Nos.2 and 3, with the aid and assistance of the accused No.1, brought the defacto complainant to a lodge at Uduma where the accused Nos.4 to 6 committed rape on her. The petitioner was arrested as part of the investigation on 26.12.2022, and since then, he is under judicial detention. The learned counsel for the petitioner submits that the petitioner is innocent of the allegations. It is further contended that even going by the allegations against the petitioner, it would not make out an offence of rape but it is only a consensual sex.

On the other hand, the learned Public Prosecutor would oppose the said contentions. It is pointed out that this is a case in which the victim aged 19 years, was taken to various places by accused No.1 and was presented to various persons for sexual exploitation. The prosecution also alleged that some of the accused persons had administered drugs to the victim, and the sexual intercourse was made under the influence of the same.

I have gone through the records and heard the contentions raised by both sides. Even though there are allegations against some of the accused that they gave drugs to the victim, and had sexual intercourse with them, as far as the petitioner herein is concerned, there are no such allegations. Even according to the statement of the victim, the petitioner had sexual intercourse on one occasion with her. Now the petitioner has been under custody since 26.12.2022. The investigation has progressed substantially. In such circumstances, taking note of the role of the petitioner and the period of detention he had undergone, I am of the view that the petitioner can be released on bail subject to stringent conditions. Accordingly, this bail application is allowed.

In such circumstances, the petitioner is directed to be released on bail subject to the following conditions:

(i) The petitioner 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 petitioner shall fully cooperate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m every Monday, until the filing of the final report.

(iv) The petitioner shall also appear before the investigating officer as and when required.

(v) The petitioner shall not commit any offence of like nature while on bail.

(vi) The petitioner shall not make any 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.

(vii) The petitioner shall not leave State of Kerala without the permission of the trial Court.

(viii) The petitioner shall surrender his passport before the jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.