Suresh Kumar K.K. vs State Of Kerala

Shircy V, J

Application for regular bail under Section 439 of the Code of Criminal Procedure.

The petitioner is the accused in Crime No.207 of 2021 of Pariyaram Police Station registered for the offences punishable under Sections 354(B),

511 of 376 IPC.

The prosecution allegation is as follows:

The defacto complainant was appointed as a matron in a ladies hostel run by one Sahadevan. The defacto complainant was introduced to Sahadevan

by this petitioner who was supplying food in the hostel run by Sahadevan. She was employed in the hostel on 9.4.2021, but because of the lock down

the hostel was closed on 8.5.2021. But the defacto complainant was continuing in the hostel. While so, on 22.4.2021 this petitioner has attempted to

outrage her modesty and also attempted to commit rape on her. But due to her resistance he could not commit rape on her. Thereby he has committed

the aforesaid offences.

The petitioner has been in custody since 10.7.2021.

According to the learned counsel for the petitioner the defacto complainant was introduced to Sahadeven who was running the ladies hostel by this

petitioner who was supplying food items to the inmates of the hostel. She was appointed as a matron of the hostel on 9.4.2021. But due to the

unexpected lockdown declared by the State, Sahadevan was compelled to close down the hostel. Though he asked the defacto complainant to vacate

the hostel she refused the same and continued there and making a demand for employment. Since she could not be provided with an employment she

left the hostel on 23.6.2021 and then she lodged a complaint alleging that there was an attempt on the side of the petitioner to commit rape on her on

22.4.2021. The petitioner has been falsely implicated in the case by the defacto complainant for the failure of Sahadevan to provide an employment to

her in the very same hostel. In fact he is totally innocent of the allegations levelled against him and hence, this application.

The application is opposed by the learned Public Prosecutor and submitted that the investigation has progressed considerably.

The alleged incident was on 22.4.2021. A perusal of the CD file would reveal that initially her statement before the police was that she was raped

by the petitioner. But on medical examination it was revealed that there was no evidence of rape as alleged by the defacto complainant. Thereafter

though the case was registered under Section 376 (2)(n) and 506 of the IPC it was altered as one under Section 354(B) and 511 of 376 IPC. Now the

investigation of the case is nearing completion. It is also to be noted that this petitioner has no criminal background.

Considering the period of detention undergone by him in judicial custody as well the present stage of investigation I am inclined to to release him on

bail subject to the following conditions.

(i) The petitioner shall be released on bail on his executing bond for a sum of Rs. 1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to

the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing, till filing of the final report.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him

from disclosing such facts to the court or to any police officer or tamper with the evidence.

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

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.