Manikandan vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.1047/2022 of Yeroor Police Station, Kollam District. The offences alleged against the petitioner are under Sections 324, 506 and 376(2)(n) and 450 of the Indian Penal Code. 1860.

According to the prosecution, the accused is alleged to have raped the victim on 15.06.2020 and again on 04.10.2020, after threatening to publish her photographs in compromising positions.

Sri. Nirmal V.Nair, the learned Counsel for the petitioner contended that the prosecution allegations are false and that petitioner is being victimized for filing complaints against the victim before the Yeroor Police Station, on 19.10.2022. The learned Counsel invited the attention of this Court to Annexure 2 and Annexure 3 complaints filed by the petitioner and his mother respectively and the acknowledgment card produced along with Annexure 3.

According to the learned counsel, the crime is registered after two years and is filed as a measure of retaliation against the complaint filed by the petitioner and his mother, which indicates the falsity of the allegations.

Sri. K.A.Noushad, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner was arrested on 02.11.2022 and the investigation is continuing. It was also submitted that the nature of allegations clearly indicates the accused having committed the offence and therefore releasing him on bail, at this juncture would cause prejudice to the investigation.

I have considered the rival contentions.

The petitioner was arrested on 02.11.2022. However it is seen that the allegations raised against the petitioner is alleged to have occurred on 15.06.2020 and 04.06.2020 while the crime was registered only on 01.11.2022. It is also seen from the records produced that, petitioner and his mother had raised a complaint against the victim regarding certain financial transactions that had occurred between them and the victim’s failure to return the amount borrowed.

Considering the totality of the circumstances, and considering the period of detention already undergone by the petitioner, I am of the view that further dentention is not essential.

Accordingly, this application is allowed on the following conditions:-

(a) 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not enter into the jurisdictional limits of the Yeroor Police Station, until the completion of the trial.

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

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) 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.