Muhammed Shameel vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.513 of 2022 of Thrikkakkara Police Station registered for the offences punishable under Sections 376(2)(n) of the Indian Penal Code, 1860.

The prosecution case is that, petitioner, after promising to marry the victim, indulged in sexual intercourse with her at different places on several occasions and subsequently backed out of the promise, and thereby committed the offences alleged against him. Petitioner was arrested on 22.06.2022 and has been in custody since then.

Sri.Sebin Thomas, the learned counsel for the petitioner submitted that the prosecution case is false and no offence as alleged has taken place. It was further submitted that even if the prosecution case is accepted for argument's sake, still it can only make out a case of a consensual relationship.

Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and submitted that the allegations against the petitioner are serious in nature and that the release of the petitioner on bail would prejudice the investigation. It was further submitted that there is every chance that petitioner may influence the witnesses, and therefore, petitioner ought not be released on bail

Smt.Sandhya Raju, the learned counsel for the defacto complainant, vehemently opposed the grant of bail and submitted that petitioner remains as a threat to the defacto complainant and there is every chance of intimidating or influencing her. It was further submitted that releasing the petitioner on bail would prejudice the evidence to be adduced at the stage of the trial.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 22.06.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, this application is allowed on the following conditions:-

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members;

(iv) Petitioner shall not commit any similar offences while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.