Muhammed Mishal vs State Of Kerala And Ors

This is an application for bail moved by the accused in Crime No.143/2021 of Aluva East Police Station. The allegation is that he had committed rape on the defacto complainant and thus offence punishable under Section 376(2)(n) of the Indian Penal Code is alleged against him. He was arrested on 05.02.2021 and is in custody for the last 67 days.

I heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that the crime was registered under a misconception; it was a love affair between the parties for more than two years and that the prosecutrix is a grown up person, aged 19 years and now she has moved this Court with a notarised affidavit stating that the matter has been settled between the parties and that he has promised to marry her immediately after his release.

The petitioner was arrested on 05.02.2021. By this time, investigation must have been progressed considerably. Now the defacto complainant has come with an affidavit stating that the matter has been settled and they have decided to marry. On these premises, bail can be granted to the petitioner subject to the following conditions:-

i) The petitioner shall execute 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 below;

ii) He shall not try to contact or influence the witnesses or tamper with evidence;

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the committal/trial court as and when required;

v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in the wake of Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court shall be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.