Peer Muhammed vs State Of Kerala

Application for regular bail filed under Section 439 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.393 of 2021 of Nedumangad Police Station registered for the offences punishable under Sections 354B and 376(2) (n) of the Indian Penal Code.

He has been in custody since 20.02.2021.

The allegation is that on 27.10.2020 at about 10.00 p.m the petitioner trespassed into the residential house of the defacto complainant and disrobed her and committed rape on her. He committed the very same offence on 28.12.2020 against the defacto complainant.

Heard the learned counsel for the petitioner as well the learned Public Prosecutor.

The learned counsel for the petitioner has submitted that the defacto complainant and the petitioner are neighbours and having some money transactions. They were also having some intimacy towards each other and the alleged incident was in the night of 27.10.2020 as well on 28.12.2020. According to him, even if there was any physical relationship between them it was only a consensual one and he has not committed any offence as alleged. But he is undergoing incarceration for the last more than one month. Hence, this application.

The learned Public Prosecutor has fairly submitted that as the investigation of the case has progressed considerably, further detention of the petitioner is not required for the investigating agency.

Considering the nature of accusations levelled against the petitioner, the other facts and circumstances involved in the case and the present stage of investigation, I am inclined to release him on bail subject to the following conditions.

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

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.