Muhammed R.A vs State Of Kerala

Application for regular bail.

Petitioner is the accused in Crime No. 34 of 2021 of Guruvayoor Police Station registered for the offences punishable under Sections 376, 325 and 420 of Indian Penal Code.

The petitioner has been in custody since 05.02.2021.

The prosecution allegation is that the petitioner, under the false promise to marry the defacto complainant, took her to Guruvayoor and availed a rented building there for their residence. Thereafter on various days he committed rape on her. He had taken her gold chain weighing 2 ½ sovereigns worth Rs.60,000/- and failed to return the same and thereby committed the aforesaid offences.

The learned counsel for the petitioner has submitted that he has been falsely implicated in the case by the defacto complainant. In fact the defacto complainant and the petitioner were in love and they had taken a rented building at Guruvayoor and were residing together as husband and wife. Thereafter there arose some difference of opinion and that has instigated her to implicate this petitioner in a false case of rape. In fact, he has not committed the offence of rape as alleged by the prosecution. But he is undergoing incarceration for about two months and hence this application.

The learned Public Prosecutor has submitted that the investigation of the case is well in progress. The victim involved in this case is a matured lady. Having regard to the nature of the accusations levelled against this petitioner, the present stage of investigation as well other facts and circumstances involved in this case, I think that further detention of the petitioner may not be required for the prosecution to complete the investigation and to file the final report.

Hence this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his 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 court having jurisdiction.

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

(iii) The petitioner 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.

(iv) The petitioner 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.