Roy @ Pochavila 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 2nd accused in Crime No.2056 of 2020 of Anchalummoodu Police Station, Kollam District registered for the offences under Sections 458, 376(2)(j), 376(2)(l), 354, 323, 511, 380 r/w. Section 34 of the Indian Penal Code, 1860.

The prosecution case is that in furtherance of the common intention, the accused committed lurking house trespass by entering through the roof of the house of the victim on 24.11.2020 and sexually assaulted the victim, thereby committing the offences alleged against him.

Sri.R.Rajesh,  the  learned  counsel  for  the  petitioner submitted that as far as the 2nd accused is concerned, no specific overt act is alleged against him and that he is in custody since 30.03.2021. It was

also pointed out that final report has filed and that the continued detention of the petitioner is not warranted.

Sri.Noushad K.A., the learned Public Prosecutor, on the other hand contended that the victim is a deaf and dump lady, who was sexually assaulted by the accused and that the petitioner ought not be released on bail since there is every chance that he will threaten and intimidate the witnesses as well as the victim.

Perusal of the final report as well as the accompanying statements revealed that the offences alleged against the petitioner are serious in nature and prima facie, there are materials to connect the accused with the crime. However, I am of the view that since the petitioner has already been in detention for the last more than 440 days, continued detention of the petitioner is not warranted. Therefore, I am inclined to allow this application.

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

(a) The 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.

(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) Petitioner shall not enter into the territorial limits of Anchalumoodu Police Station, Kollam.

(f) 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.