Thomas Chacko vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the 2nd accused in Crime No. 590/2022 of Thodupuzha Police Station alleging offences under Sections 366(A), 370(4), 376(1), 342 r/w 34 of the Indian Penal Code, 1860 and Section 4(1) r/w Section 3(a), Section 6(1) r/w Section 5(j)(ii) and Section 17 r/w Sections 16 and 21 of the Protection of Children from Sexual Offences Act, 2012 apart from Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

According to the prosecution, on a day in the year 2020, the accused raped the victim after the first accused locked the room from outside and thereby the petitioner committed the offences alleged.

Sri.Anil K.Muhamed, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner is innocent. It was submitted that even otherwise the petitioner having been in custody since 10.04.2022, the continued detention may not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the victim had been subjected to series of rape by different persons on different dates and that the petitioner had committed a very serious offence. It was also pointed out that releasing the petitioner may lead to an opportunity for influencing the witnesses and that in such circumstances, bail ought not to be granted.

I have perused the records of the case. The petitioner was arrested on 10.04.2022 and has been in custody since then. Though the allegations are serious in nature, I am of the view that continued detention may not be required, especially since final report has already been filed. Therefore, I am inclined to allow this application on the following conditions:-

(a) Petitioner shall be released on bail on him 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.

(b) Petitioner shall co-operate with the trial of the case.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not enter the jurisdictional limits of the Thodupuzha Police Station except for the purpose of trial or for complying with the conditions imposed.

(f) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.