Murshid.K vs State Of Kerala

Dr Kauser Edappagath, J

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

The petitioner is the accused in Crime No.70/2023 of Payyanur Police Station, Kannur. The offences alleged are punishable under Sections 354D(1)(i) and 376(1) of IPC and Sections 4, 3(a), 8, 7, 12, 11 (iv) of POCSO Act.

The prosecution case in short is that, on a day after 26/10/2020, the petitioner committed rape on the victim and thereafter, on 18/01/2023 at 2 am, the petitioner abducted her in his car bearing Registration No.KL 13 AR 8563 and thereby committed the offence.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner.

A reading of the FIS would show that the petitioner and the victim were in love and they voluntarily went to various places and had consensual sex. The petitioner was remanded to judicial custody on 19.01.2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The final report has already been filed. For all these reasons, the petitioner is entitled to be released on bail on conditions.

In the result, the application is allowed on the 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 Magistrate/Court.

(ii) The petitioner shall not commit any offence of like nature while on bail.

(iii) 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.

(iv) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion, modification of bail conditions or for cancellation of bail on the ground of violation of the bail conditions shall be filed at the jurisdictional court.