Sujith @ Ambili vs State Of Kerala

Dr. Kauser Edappagath, J

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

The petitioner is the accused in Crime No.38/2023 of Nooranadu Police Station, Alappuzha. The offences alleged are punishable under Sections 451, 323, 354, 308 and 506 of Indian Penal Code.

The prosecution case in short is that, on 06.01.2023 at 12.30 p.m, the petitioner who is the neighbour of the defacto complainant, trespassed into her residence and caught hold of her, who was lying on a cot and outraged her modesty by pressing her breast. It is further alleged that when she resisted, a pillow was placed on her face with the intent to kill her, and thereby committed the offences.

Heard both sides and perused the case diary.

The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner and if the petitioner is released on bail at this stage, it would affect the course of investigation.

The petitioner moved an anticipatory bail application before this Court. However, this Court as per Annexure B order, directed the petitioner to surrender before the Investigating Officer. It is submitted that the petitioner thereafter surrendered before the Investigating Officer on 07.02.2023. He was already interrogated by the investigating officer. Police custody was also given. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. The investigation seems to have reached a fair stage. For all these reasons, the petitioner is entitled to be released on bail on conditions.

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

(i) The petitioner 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 petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The petitioner shall also appear before the investigating officer as and when required by him.

(iv) The petitioner shall not commit any offence of like nature while on bail.

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

(vi) The petitioner shall not leave the State of Kerala without the permission of the trial Court.