Shamnad vs State Of Kerala

Dr. Kauser Edappagath, J

This is the second bail application filed u/s 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused in Crime No.439/2022 of Anchuthengu Police Station, Thiruvananthapuram. The offences alleged are punishable under Sections 376, 376(1), 376(2)(n), 376(3), 366A, 506(i) of Indian Penal Code and Sections 3(a) read with 4(2), 4(3), 5(1) read with 6, 11(iii) read with 12 of the POCSO Act.

The prosecution case, in short, is that, the applicant committed rape on the victim repeatedly in the year 2021 as well as in 2022, while she was aged 12 and 13 years.

I have heard Sri.Sarin, the learned counsel for the applicant and Smt.S.Rekha, the learned Senior Public Prosecutor. Perused the case diary

The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.

It is true that the allegation levelled against the applicant is serious in nature. However, the applicant is in custody since 17.10.2022. The learned Senior Public Prosecutor submitted that the investigation is over and the final report has already been filed. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.

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

(i) The applicant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The applicant shall not commit any offence of a like nature while on bail.

(iii) The applicant shall not attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The applicant shall not leave the State of Kerala without the permission of the trial Court.

(v) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.