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Judgment
14 paragraphs · 357 wordsBechu 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.405/2022 of Kambalakkad Police Station, Wayanad, alleging offences punishable under Sections 450, 376, 506(i) and 294(b) of the Indian Penal Code, 1860.
According to the prosecution, on 22.09.2022, the accused trespassed into the house of the defacto complainant and raped her and thereby committed the offences alleged.
Sri.R.Ramadas, the learned counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 26.09.2022 and considering the period of detention already undergone, further detention ought not to be permitted as the final report has already been submitted.
Sri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that despite the filing of the final report, releasing the petitioner would cause prejudice to the prosecution.
I have considered the rival contentions. Since the petitioner was arrested on 26.09.2022 and the final report has already been filed, I am of the view that even though the allegations are serious, the petitioner can be released on bail.
Accordingly, I allow this application 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 co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
(d) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.
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.