Munawar K.M. @ Munna vs State Of Kerala

Gopinath P, J

This is an application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The petitioner is the 1st accused in Crime No. 41/2021 of Bekal Police Station, Kasargode which was registered for the offences punishable under Section 376(2)(n) and 506 r/w. 34of the Indian Penal Code. The prosecution case is that the accused went to the house of the victim and raped her by threatening her that her videos, sharing intimate moments with one Tufail, will be shown to her husband and thereby, he committed the offences alleged against him.

The crime was registered in the year 2020. The petitioner was arrested on 24.08.2023 and since then, he has been under judicial detention. This application for regular bail was submitted in such circumstances.

Heard the learned counsel appearing for the petitioner and the learned Senior Public Prosecutor appearing for the State.

The learned counsel for the petitioner submits that the petitioner is innocent. According to him, he was falsely implicated in the said case. The learned counsel also highlighted the huge delay of about three years in reporting the matter as one of the grounds for highlighting the false nature of the allegations.

On the other hand, the learned Public Prosecutor opposes the bail application pointing out that several cases were registered against several persons in connection with the sexual assault committed on the very same victim. Initially one of the accused in the said case, recorded the obscene video of the de facto complainant, and all the accused persons allegedly threatened the victim by stating that the said video would be shared, and thereby compelled her to have sexual intercourse with them. It is also pointed out that 14 cases have been registered against them in connection with the said incident. As far as the petitioner is concerned, the learned Public Prosecutor pointed out that this is one among the said crimes and there are specific allegations against the petitioner. However, the final report in this case has already filed on 20.10.2023 and the matter is now pending in committal proceedings.

I have carefully gone through the records. It is true that from the materials placed on record, there are certain allegations against the petitioner. However, it is a fact that the petitioner has been in judicial custody from 24.08.2023 onwards. The investigation in this case is already over and the final report is submitted. Now the case is pending as Sessions Case before the jurisdictional court.

In such circumstances, I do not find any necessity for further incarceration of the petitioner. The petitioner can be released on bail by appropriate conditions to ensure that he is cooperating with the trial. This bail application is allowed and the petitioner is directed to be released on bail subject to following conditions:

(i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

(ii) The petitioner shall appear before the trial court as and when required.

(iii) The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of similar nature while on bail.

(v) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The petitioner shall not leave India without the permission of the trial Court.

(vii) The petitioner shall surrender his passport before the jurisdictional court and, in case he does not have a passport, an affidavit to that effect shall be filed.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.