Shihab @ Muttalan Shihab 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 accused in Crime No.96 of 2022 of the Areekode Police Station alleging offences punishable under sections 450, 376(2)(l), 457, 323, 354, 354-A(1), 354-B, 506(ii) of the Indian Penal Code, 1860.

The prosecution case is that on 19.02.2022, petitioner trespassed into the house of the defacto complainant, who is suffering from mental disability, and thereafter outraged her modesty. It is also alleged that three months prior to 19.02.2022, the accused had trespassed into the dining hall of the victim's house and committed penetrative sexual assault on her.

Sri.K.Rakesh, learned counsel for the petitioner submitted that petitioner was arrested on 19.02.2022 and that he has been in custody since 20.02.2022. It is also pointed out that the allegation of mental retardation of the victim is falsely raised by the prosecution.

Smt.Nima Jacob, learned Public Prosecutor on the other hand contended that the petitioner has committed heinous crime that too on a mentally challenged person and that the circumstances do not warrant release of the petitioner on bail. it is also submitted that if the petitioner is released, there is every chance of him intimidating the witness and interfering with the trial of the case.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 20.02.2022 and considering the fact that the final report has already been filed as early as on 04.03.2022, I hold that the continued detention of the petitioner is not required. Therefore, the petitioner is entitled to be released on bail.

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) 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.