Rahim vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.1189/2021 of Mananthawady Police Station, Wayanad District, now pending as SC.No.118/2022 on the files of the Additional Sessions Judge-II, Kalpetta, Wayanad. The offences alleged are under Sections 312, 313, 314, 315, 376(2)(1) & (j) and 302 of the Indian Penal Code, 1860 and Section 92(b) of the Rights of Persons with Disabilities Act, 2016.

The prosecution case is that the accused developed intimacy with the deceased and thereafter committed rape on her and subsequently, when she conceived, he mixed poisonous insecticide with orange juice with the intention to kill the child in the womb and the deceased. After the deceased consumed the orange juice, the pregnancy was aborted and later the victim also succumbed. The petitioner was arrested on 27.11.2021.

Sri.Jeswin P Varghese, the learned counsel for the petitioner submitted that for the last more than six months, petitioner has been in detention and that final report in the case has already been filed and that there was no reason to continue the detention of the petitioner, any further. It was also submitted that in order to build a proper defence, petitioner ought to be released on bail and that he is willing to abide by any condition.

Sri.Sajju S., the learned Public Prosecutor, on the other hand submitted that the petitioner has committed a very heinous crime and that two deaths occurred due to administering poison by the petitioner. It was further pointed out that the evidence collected by the prosecution clearly established the guilt of the accused and that there was chance that he may abscond. In such circumstances, the learned Public Prosecutor objected to the grant of bail to the petitioner.

On an appreciation of the contentions raised and considering the fact that petitioner has been in custody from 27.11.2021 onwards, I am of the view that the continued incarceration of the petitioner is not required. In such circumstances, I am inclined to allow this application on the following conditions :-

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

(b) The petitioner shall co-operate with the trial of the case.

(c) The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) The petitioner shall not commit any similar offence while he is on bail.

(e) The petitioner shall not leave the Country without the permission of the jurisdictional Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

The bail application is allowed as above.