Safarudheen vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the 2nd accused in Crime No.783 of 2021 of Town Police Station, Kozhikode District, alleging commission of offence under Section 376D of the Indian Penal Code. The allegation against the petitioner is that the petitioner and the other accused brought the victim, who hails from Assam to Kozhikode, under the guise of offering her employment and after lodging her in a lodge, repeatedly committed rape on her. It is also alleged that the victim was a mentally deranged women, who had been brutally exploited by the petitioner and the other accused. Though I was not inclined to grant bail to the petitioner, considering the nature of the allegations raised against him, it is pointed out by the learned counsel for the petitioner that the petitioner has now completed 90 days in custody and he is entitled to statutory bail as on date.

The learned Public Prosecutor has confirmed that a final report has not yet been filed in the matter.

Taking note of the above and without going to the merits of the matter, I direct that the petitioner shall be released on bail, subject to conditions.

In the result, this bail application is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:

(1) The petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the Jurisdictional Court;

(2) Petitioner shall report before the investigating officer in Crime No.783 of 2021 of Town Police Station, Kozhikode District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de-facto complainant / victim or any witness in Crime No.783 of 2021 of Town Police Station, Kozhikode District;

(4) 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.783 of 2021 of Town Police Station, Kozhikode District, may file an application before the Jurisdictional Court for cancellation of bail.