Jithin Raj vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.585 of 2022 of Koratty Police Station, Thrissur. The offence alleged against the petitioner is punishable under Section 376(2)(n) of the Indian Penal Code, 1860.

According to the prosecution, the petitioner committed repeated acts of rape on the victim after promising to marry her.

Sri. Premchand M., the learned counsel for the petitioner submitted that, the petitioner is totally innocent of the allegations levelled against him and that, the allegations, even if it is admitted, will only reveal a consensual sexual relationship. According to the learned counsel, petitioner was arrested on 22.06.2022 and in the nature of the circumstances arising in the case, the continued detention may not be permitted.

Sri. Noushad K.A, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner has committed a serious offence and the detention is required to be continued, failing which the petitioner may influence the witness.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 22.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or their family members;

(iv) Petitioner shall not commit any similar offence while he is on bail.

(v) 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.