Mohammed Mishan vs State Of Kerala And Ors

Application for pre-arrest bail.

This petitioner is the sole accused in Crime No.72 of 2021 of Melparamba Police Station, Kasargode District registered for the offences punishable

under Sections 354(A)(1)(i), 376(2)(n) of the Indian Penal Code.

The prosecution allegation is that the petitioner has committed sexual assault on the victim on two occasions and there by he committed the

aforesaid offences.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are in love and their parents have decided to

give them in marriage on attaining the age of majority by the victim.

The learned Public Prosecutor would submit that the investigation of the case is well in progress.

Having regard to the nature of the accusation levelled against this petitioner as well the other facts and circumstances involved in this case, I think that

this application can be disposed of directing the petitioner to surrender before the Investigating officer on 05.03.2021 at 11.00 am. Upon such

surrender, after interrogation and recording his arrest, he shall be produced before the jurisdictional Magistrate on the very same day. If a bail

application is moved by him, the jurisdictional Magistrate shall consider the same and release him on bail on the very same day subject to the following

conditions :-

(i) The petitioner shall be released on bail on executing a bond for a sum of Rs.1,00,000/-(Rupees one lakh only) with two solvent sureties for the like

sum each to the satisfaction of the Judicial First Class Magistrate Concerned. One surety shall be the father of the petitioner.

(ii) He shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) He shall co-operate with the investigation and trial of the case.

(iv) He 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.

(v) He 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.