Ramees Raja vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.401 of 2022 of Kilikolloor Police Station, Kollam District registered for offences under Sections 366, 354-D, 376(2)(f) and Section 376(3) of the Indian Penal Code, 1860 and Section 4 r/w Section 3(a), Section 6 r/w Section 5(p) and Section 12 r/w Section 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

Prosecution case is that under the promise of marriage, petitioner committed penetrative sexual assault on the victim, who is a minor girl of 16 years, during the month of November, 2021 after taking her to a vacant house. The petitioner was arrested on 03.05.2022.

Sri.Rajesh R., the learned counsel for the petitioner contended that the petitioner is totally innocent and that the petitioner and the victim were in love and also that the allegations of rape was falsely foisted against him.

Smt.Nima Jacob, the learned Public Prosecutor opposed the grant of bail and submitted that the allegations against the petitioner are serious and that if the petitioner is released on bail, there is every possibility of the petitioner threatening, interfering or interacting with the victim causing prejudice to the investigation.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 03.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or intimidate or contact the victim or her family members through any means of communication.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not enter into the jurisdictional limits of Kilikolloor Police Station.

(vi) The applicant shall not leave India without the permission of the Court having jurisdiction.

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..