Sudheer vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the 1st accused in Crime No.477/2022 of Kadakkal Police Station, Kollam District for offences under Sections 363, 366A, 376, 376(2)(n), 506(i) and 509 of the Indian Penal Code, 1860 r/w Section 3(a), Section 6 r/w Section 5(i), Section 8 r/w Section 7 and Section 12 r/w Sections 11, 11(ii), 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

Sri.S.R.Sreejith, the learned counsel for the petitioner submitted that petitioner was arrested on 21.03.2022 and that till date final report has not been filed. He further submitted that 90 days expired on 19.06.2022 and therefore petitioner is entitled for statutory bail.

Sri.Noushad K.A., the learned Senior Public Prosecutor submitted that the final report has not yet been filed and that 90 days expired on 19.06.2022.

In view of the above, petitioner is entitled to be released on bail under Section 167(2) of the Cr.P.C. since 90 days have expired and the offences alleged against the petitioner being punishable with life.

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 21.03.2022 and 90 days have elapsed, I am of the view that petitioner is entitled to be released on bail under Section 167(2) of the Cr.P.C.

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

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(iv) Petitioner shall not commit any offence while he is on bail.

(v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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.