Nileesh John vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.1009/2021 of Thankamani Police Station, Idukki District alleging commission of offences under Sections 450, 323, 354, 354A, 506(i) and 376 of the Indian Penal Code.

The allegation against the petitioner is that on 14-11-2021 at about 12.00 p.m., the petitioner trespassed into the house of the victim/defacto complainant and committed rape on her and also criminally intimidated the victim and threatened to kill her if she discloses the commission of offence to any person.

The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner and the victim/defacto complainant are neighbours. It is submitted that the victim is a divorcee and the petitioner is also living separately from his wife. It is submitted that the petitioner had no occasion to commit the offences alleged against him. It is submitted that the allegations are raised due to some extraneous considerations.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the victim/defacto complainant is a mentally retarded person. It is submitted that a Medical Board, which examined the defacto complainant has opined that her mental age is only 10 years and 2 months and has concluded that she suffers from Mild Intellectual Disability and Recurrent Depressive Episodes. It is submitted that the allegations against the petitioner are serious and the grant of bail to the petitioner may not be conducive considering the fact that the petitioner and the defacto complainant are neighbours.

The learned counsel for the petitioner submits that the petitioner has been in custody for 105 days and a final report is already been filed in the matter. He also submits that pending trial of the case, the petitioner can be directed not to enter the Idukki District except for the purpose of attending any court proceedings.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 105 days and since the final report is already been filed in the matter, I am of the opinion that the petitioner can be granted bail with stringent conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.1009/2021 of Thankamani Police Station as and when called upon to do so;

(iii) The petitioner shall not intimidate the victim or any witness in Crime No.1009/2021 of Thankamani Police Station;

(iv) The petitioner shall not enter Idukki District except for the purpose of appearing before the court/any authority or before the investigating officer in Crime No.1009 of 2021.

(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.1009/2021 of Thankamani Police Station may file an application before the jurisdictional Court for cancellation of bail.