Murali Krishnan N vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.1003/2021 of Thamarassery Police Station, Kozhikode District alleging commission of offences under Sections 450, 342, 376(2)(1) & 376(2)(n) of the Indian Penal Code.

The allegation against the petitioner is that on 4.9.2021 at about 14.00 hours and even on previous occasions, the petitioner committed sexual assault on the de facto complainant, who is stated to be a mentally retarded person and also committed rape on her. The petitioner was arrested on 11.9.2021 and has been in custody ever since.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent of the allegations and that he has not committed the offences as alleged. It is submitted that one Ayoob, cousin brother of the de facto complainant trespassed into the house of the petitioner and brutally assaulted him with deadly weapons. He submits that 85 year old mother of the petitioner was also attacked by the aforesaid Ayoob and others. He submits that on the basis of the complaint given by the mother of the petitioner, Annexure-B FIR was registered at the Thamarassery Police Station on 11.9.2021 at 6 p.m. It is submitted that the petitioner suffered serious injuries as can be seen from Annexure-A documents. It is submitted that the FIR, which led to registration of Crime No.1003/2021 of the very same Police Station was registered on 11.9.2021 at about 9.06 p.m. 0nly as a counterblast to the complaint filed by the mother of the petitioner.

The learned Public Prosecutor on instructions would submit with reference to the statement of facts given by the investigating officer in the case and with reference to the First Information Statement of the de facto complainant and also the report of medico-legal examination of the de facto complainant that the allegations against the petitioner are prima facie correct. It is submitted that the investigation conducted thus far reveals that the attack on the petitioner by Ayoob and others was on account of the fact that the petitioner was sexually assaulting the cousin sister of Ayoob, the de facto complainant in this case. It is submitted that the Police have also registered a case against Ayoob and others alleging commission of offences under Section 324 of Indian Penal Code.

Having regard to the fact that the petitioner has been in custody from 11.9.2021 and considering the fact that he had admittedly sustained serious injuries following attack by the cousin brother of the de facto complainant and others and also considering the fact that further custodial interrogation of the petitioner may not be necessary for completion of investigation in Crime No.1003/2021 of Thamarassery Police Station, I am of the view that the petitioner can be released on bail subject to conditions. While deciding to grant bail in this case, I have also taken note of the fact that the medical report of the de facto complainant does not suggest that there was any violence or that there was any penetrative sexual assault by the petitioner.

Having regard to the totality of the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 11.9.2021, I am of the view that bail can be granted to the petitioner subject to stringent 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) Petitioner shall appear before the investigating officer in Crime No.1003/2021 of Thamarassery Police station on every Tuesday and Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime Crime No.1003/2021 of Thamarassery Police station;

(iv) The petitioner shall surrender his passport before the jurisdictional Court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(v) 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.1003/2021 of Thamarassery Police Station may file an application before the jurisdictional Court, for cancellation of bail.