Suhail Favas vs State Of Kerala

Dr Kauser Edappagath, J

This application is filed under Section 439 of the Code of Criminal Procedure seeking regular bail.

The applicant is the accused No.2 in Crime No.42/2023 of Kottakkal Police Station. The offences alleged are punishable under Sections 366, 376(1), 376(2)(n), 370(2), 370A(2) of the IPC, Sections 66E, 67A of the Information Technology Act and Section 92(b) of the Rights of Persons with Disabilities Act, 2016

The prosecution case, in short, is that on 22.12.2022, the applicant along with the accused No.1, abducted the victim aged 20 years suffering from physical disability in his autorickshaw and the accused No.1 took the victim to a lodge, repeatedly raped her against her will and thereby committed the offences.

I have heard Sri. V. Visal Ajayan, the learned counsel for the applicant and Sri. C.S. Hrithwik, 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 Senior 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.

The applicant was remanded to judicial custody on 3.3.2023. The investigation is over and the final report has been filed. Going by the case records, there is no allegation of sexual assault against the applicant/accused No.2. The allegation is that he has taken the victim along with the accused No.1 in his autorickshaw. 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.