Rakhi @ Malu vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under section 439 of the Code of Criminal Procedure 1973.

Petitioner is the 6th accused in Crime No. 1422 of 2022 of Palarivattam Police Station, Ernakulam District. The offences alleged against the petitioner are under sections 323, 324, 452, 395, 365 and 506(ii) r/w Section 34 of the Indian Penal Code, 1860.

According to the prosecution, the accused due to the enmity against the friend of the defacto complainant for having sent a complaint regarding the drug business of the accused, trespassed into KNU gents hostel, armed with deadly weapons and after stripping the complainant and his friend of their clothes, brutally assaulted them using dangerous weapons and they sprayed pepper spray on the private parts of the defacto complainant and his friend and robbed them of gold chain apart from various other electronic items including laptops and even abducted the friend of the defacto complainant and thereby committed the offences alleged.

Sri.M.V.Vipindas, the learned counsel for the petitioner contended that the prosecution allegations are false and that incident as alleged had not occurred. It was also submitted that the accused 1, 4, 7, and 8 have already been released on bail and that the petitioner being a young lady of 24 years and having been arrayed only as the 6th accused, she should also be released on bail.

Smt.Neema T.V., the learned Public Prosecutor opposed the application and submitted that the allegations against the petitioner are serious especially since she is alleged to have used the pepper spray on the private parts of the defacto complainant. It was also alleged that petitioner is an accused in Crime No.1393/2021 of Palluruthy Police Station for offences including that under Section 302 of the IPC. It was also submitted that considering the nature of allegations, the petitioner ought not to be released on bail.

I have considered the rival contentions.

The allegations against the petitioner and other accused are serious. The defacto complaint and his friend were brutally assaulted and the petitioner is alleged to have used a pepper spray on the private parts of the victims.

Considering the fact that accused Nos.1, 4, 7, 8, and 9 have already been released on bail and that petitioner has been in custody since 4-05-2023, further detention of the petitioner is not essential for the purpose of investigation. Hence petitioner can be released on bail.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on her executing a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall she tamper with the evidence.

(d) Petitioner shall not commit any similar offences while she is on bail.

(e) Petitioner shall not travel outside of Kerala without permission from 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.