Sajeev vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioners in these bail applications are accused Nos.1 and 2 in Crime No.513/2021 of Hemambika Nagar police station alleging commission of

offences under Sections 376D, 354(A)(i) 354 and 354B of the Indian Penal Code.

Allegation against the petitioners is that they sexually assaulted the de facto complainant who is 38 years of age. The specific allegation is that the

2nd accused disrobed the de facto complainant and grabbed her on her private parts while the 1st accused grabbed her private parts and also inserted

his fingers into her vagina. It is alleged that hearing the hue and cry of the de facto complainant, a person who was grazing his cattle had come and

rescued her. The victim is also alleged to be a person with a slight mental retardation or at least a substantial learning disability.

Learned counsel appearing for the petitioners in these applications would submit that the petitioners are absolutely innocent in the matter. It is

submitted that the de facto complainant is a person suffering from hallucinations and that she had made similar complaints against several persons

earlier. It is submitted that the petitioners have been in custody from 16.08.2021 and their continued detention is not necessary for the purpose of

investigation as the final report has been filed in the matter.

I have heard the learned Public Prosecutor also. Learned Public Prosecutor has taken me through the First Information statement of the de facto

complainant/victim and has pointed out the manner in which the crime has been committed by the petitioners. It is submitted that the victim had clearly

stated the role played by each of the petitioners and that they have clearly committed the offence alleged against them. It is submitted that grant of

bail, at this stage, may not be conducive as there is every chance that the material witnesses may be influenced in the matter.

Having regard to the facts and circumstances of the case and considering the fact that the petitioners have been in custody from 16.08.2021 and

also considering the fact that final report has already been filed in the matter, I am of the opinion that the petitioners in these bail applications can be

released on bail subject to strict conditions. Accordingly, this application for bail is allowed and it is directed that the petitioners shall be released on bail

subject to the following conditions:-

(i) The petitioners shall execute separate bonds for sums of Rs.50,000/- (Rupees fifty thousand only) each with two solvent sureties each for the like-sum to the

satisfaction of the jurisdictional court;

(ii) Petitioners shall appear before the investigating officer in Crime No.No.513/2021 of Hemambika Nagar Police station as and when called upon to do so;

(iii) The petitioners shall not attempt to influence or intimidate the de facto complainant or any witness in Crime No.No.513/2021 of Hemambika Nagar police station;

(iv) The petitioners shall not enter the local limits of the Hemambika Nagar police station where the de facto

complainant is residing except for the purpose of attending any court proceedings or answering any summons or notice issued by any lawful authority;

(v) The petitioners shall surrender their passports before the jurisdictional court. If the petitioners do not have a passport, they shall execute an affidavit to that effect

and file the same before the said court within seven days of release on bail;

(vi) The petitioners shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.No.513/2021 of Hemambika Nagar police station may file an

application before the jurisdictional court, for cancellation of bail.