Khasif vs State Of Kerala

M.R.Anitha, J

The petitioner is the sole accused in Crime No.673/2021 of Ernakulam Town South Police Station, alleged the offence under Sections 376(2)(n), 386, 506, 323 of IPC.

It is alleged that the accused with the intention to commit sexual assault and extort money from the defacto complainant on 04.6.2021, committed rape upon the victim in his flat at Banglore and intimidated her and thereby forced her father to transfer an amount of Rs.25 lakhs from the account of the father and father's friend. It is also alleged that on 27.6.2021 at about 2 p.m. the accused intimidated the victim and taken her from the house to Try Star Hotel at Panampilly Nagar and there she has been sexually and physically assaulted. Thereby, accused committed the offence as aforementioned.

According to the learned counsel, the accused and the defacto complainant studied together in a school in plus two at Chalakudy, Thrissur. Thereafter, they have been in close contact and it is also alleged that they have been in living in relationship.

The learned Public Prosecutor on the other hand vehemently objects in considering the petition, in view of the fact that the allegations against the petitioner is serious and includes extortion of huge amount. It is contended that the petitioner is involved in another crime registered under NDPS Act. The report filed by the Inspector of Ernakulam Town South Police Station would reveals that Crime No.677/2021 under Section 20(B)(II)(A) of NDPS Act, is the other crime registered against him. It is submitted by the learned counsel for the petitioner that crime is in connection with the registration of this crime for seizing of contraband from his flat. It is also reported that he has already been released on bail in that case.

Admittedly, the petitioner has been under confinement from 28.6.2021 onwards. He is aged 23 years. In view of the facts and circumstances, continued continued confinement of the petitioner is not necessary in this case.

Hence, I am of the view that the bail application filed by the petitioner can be considered on stringent conditions:

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall not leave in the State of Kerala with out prior permission of the jurisdictional court.

(iii) The petitioner shall appear before the SHO concerned for interrogation on all Monday and Friday between 9.00 a.m and 10.00 a.m for a period of three months from the date of his release or till the final report is filed, whichever is earlier. He shall not enter into the Panchayath where the victim resides

(iv) The petitioner shall surrender his original passport before the court concerned. If he is not having a passport, he shall file an affidavit regarding the same before the court, within a week for his release on bail.

(v) 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.

(vi) 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.