Ranjith. K vs State Of Kerala

Gopinath P., J

This is an application for regular bail

Petitioner is the accused in Crime No.1398/2023 of Hosdurg Police Station, Kasargod District, alleging the commission of offence punishable under Section 376 and of the Indian Penal Code.

The allegation against the petitioner is that, on 13-03-2023, at 11.00 am, the petitioner, who was working as a branch manager of the Kanhangad branch of a finance company, had dragged the defacto complainant/victim, who was working in the said institution as an appraiser, into the washroom and had committed rape on her. The petitioner was arrested on 24-09-2023 and he has been in custody since.

Learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that false allegations have been raised against the petitioner and that since the petitioner has been in custody from 24-09-2023, the petitioner may be granted bail subject to conditions.

Learned Public Prosecutor vehemently opposes the grant of bail. It is submitted that there are indications in the First Information Statement of the defacto complainant/victim which would show that the petitioner had committed the offence alleged against him. It is submitted that the petitioner had misused his position as the superior officer of the defacto complainant/victim and had committed rape on her, going by the allegations.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions. No criminal antecedents are reported against the petitioner. The allegations against the petitioner are grave. However, the continued detention of the petitioner is not necessary for the purposes of investigation. The petitioner has already been in custody for nearly 71 days. Therefore, the petitioner can be granted bail.

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.1398/2023 of Hosdurg Police Station, Kasargod District as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim/defacto complainant or any witness in Crime No.1398/2023 of Hosdurg Police Station, Kasargod District;

(iv) The petitioner shall not enter the local limits of Hosdurg Police Station, Kasargod District except for the purpose of complying with any condition imposed in this order, until filing of final report;

(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.1398/2023 of Hosdurg Police Station, Kasargod District, may file an application before the jurisdictional Court for cancellation of bail.