Najrul Islam vs State Of Kerala

Dr. Kauser Edappagath, J

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

The petitioner is the sole accused in Crime No.2261/2021 of Perumbavoor Police Station. The offences alleged against the petitioner are punishable under Sections 342, 363, 366A, 376(3) and 376(2)(n) of IPC and Section 3(a) r/w 4(2) and 5(1) r/w 6 of Protection of Children from Sexual Offence Act, 2012.

The prosecution case in short is that on 5.12.2021, the petitioner enticed the victim girl aged 13 years from a rented house at Pathadipalam and committed rape on her and again thereafter the offence was repeated on 7.12.2021 at a lodge at Perumbavoor.

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 and if the petitioner is released on bail at this stage, it would affect the course of investigation.

It is true that a perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 5.12.2021. The investigation is over and the final report has already been filed. Hence, I am of the view that the petitioner can 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) One of the sureties shall be a native of Kerala and the other surety shall be the close relative of the petitioner.

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

(iv) 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.

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