Shuhaib A.T vs State Of Kerala

Gopinath P, J

These applications are for regular bail.

The petitioners in these applications are accused in Crime No.574/2021 of Chevayoor police station, Kozhikode distrcit,alleging commission of offences under Sections 376D of the Indian Penal Code and Section 67A of the Information Technology Act.

The petitioner in Bail application No.8291/2021 is the 2nd accused, the petitioner in Bail application No.8239 is the 3rd accused and petitioner in Bail application No.8344/2021 is the fourth accused in the aforesaid crime. The allegation against the petitioners is that the 1st accused, who has already been granted bail by this Court, brought the de facto complainant to a hotel in Kozhikode under the pretext of obtaining massage services from her and thereafter, the 1st accused introduced accused Nos.2, 3 and 4 to her and they committed sexual assault on her.

It is pointed out by the respective learned counsel appearing for the petitioners in these bail applications that though initially there was no case of sexual assault against the 1st accused, such an allegation has also been raised as can be seen from the remand report. The second accused (the petitioner in Bail Application No.8291/2021) was arrested on 10.09.2021 and the petitioners in the other two applications (Bail Application Nos.8239 and 8344 of 2021) were arrested on 11.09.2021. Learned counsel appearing for the petitioners would submit that the de facto complainant has given contradictory versions. It is submitted that this is a case of what is popularly known as 'honey trap' with an intend to blackmail the petitioners and that the petitioners are absolutely innocent in the matter.

Sri. C.N. Prabhakaran, learned Public Prosecutor appearing in Bail application Nos.8291 and 8239 of 2021 and Smt. S. Seetha, learned Public Prosecutor appearing in Bail Application No.8334/2021 would vehemently oppose these bail applications. They submit that the case against the petitioners is completely different from that of the case of the first accused. In the case of the 1st accused, it is submitted that atleast initially, there was no allegation of any sexual assault. It is submitted that the investigation into the matter is only progressing and a clear picture of the entire incident will be available only after the investigation is completed. It is also submitted that the grant of bail at this stage may affect the progress of the investigation.

Having regard to the facts and circumstances of the case and having noticed the fact that the petitioners have been in custody for nearly two months, and considering the fact that further custodial interrogation of the petitioners may not be necessary for the investigation into Crime No.574/2021 of Chevayoor police station, despite the strong objection of the prosecution, I am inclined to grant bail to the petitioners subject to conditions. Accordingly, these applications for regular bail are 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..574/2021 of Chevayur Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.574/2021 of Chevayur police station;

(iv) The petitioners shall not enter the local limits of the Kollam district where the de facto complainant is residing;

(v) The petitioners shall surrender their passport 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.574/2021 of Chevayur police station may file an application before the jurisdictional court, for cancellation of bail.