Muhammed Niyas vs State Of Kerala

Gopinath P., J

The petitioner is the sole accused in Crime No.1110/2023 of Perinthalmanna Police Station alleging commission of alleging commission of offences under Sections 376 and 506 of the Indian Penal Code. Initially the said crime was registered in Thrithala Police Station as Crime No.433/2023 and thereafter transferred to Perinthalmanna Police Station and re-numbered as Crime No.1110/2023.

The allegation against the petitioner is that the petitioner had placed an order for photo framing with the de facto complainant (who used to take orders for photo framing through whatsaap and instagram). It is alleged that at the time of handing over completed photo frame work to the petitioner, he threatened the de facto complainant that he knows about her relationship with one Firoz and he will disclose  the  relationship  to  everyone  and  thereby  compelled  the  de  facto complainant to accompany him to his room and thereafter the de facto complainant was taken to a lodge in a remote plate on the Perinthalmanna-Valamcherry Road and she was subjected to rape on the basis of the aforesaid threat held out by the petitioner.

The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent in the matter. It is submitted that identical crimes containing identical allegations have been registered against 5 others at various police stations in Malappuram, Kozhikode and Palakkad Districts. It is submitted that the complaints are practically identical in nature containing the same set of allegations. It is submitted that there is delay in registering the complaint in so far as the case against the petitioner is concerned. It is submitted that the alleged incident took place on 10 and 11 of May 2023 and the complaint was filed only on 26-06-2023. It is submitted that the only reason stated for delay in filing the complaint is that the husband of the de facto complainant had discouraged her from filing complaint. It is submitted that all other accused facing identical allegations have been released on bail after about 10 or 15 days in custody. It is submitted that the petitioner has been in custody from 17-08-2023 and there is no need to continue the petitioner in custody.

The learned Public Prosecutor refers to the facts of the case and submits that the allegations against the petitioner are serious. He submits that the mere fact that similar complaints have been registered against others is no ground (at this stage) to take the view that the complaint is a false complaint. It is submitted that investigation is only progressing and therefore it may not be conducive to release the petitioner on bail at this point of time. However, he confirms that five other complaints containing almost similar allegations have been registered at the instance of the de facto complainant in various police stations at Palakkad, Kozhikode and Malappuram Districts.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner can be granted bail subject to conditions. The petitioner has already been in custody from 18-08-2023 and it may not be necessary to continue the petitioner in custody for the purposes of completing the investigation. Therefore the petitioner can be granted bail subject to strict conditions. Accordingly this bail application is allowed. The petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.1110/2023 of Perinthalmanna Police Station, Malappuram on every Saturday at 11 a.m until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complaint or any witness in Crime No.1110/2023 of Perinthalmanna Police Station, Malappuram;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1110/2023 of Perinthalmanna Police Station, Malappuram may file an application before the jurisdictional Court for cancellation of bail.