Thomas M.P, @ Tomy 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 accused in Crime No.731/2022 of Fort Kochi Police Station, Ernakulam alleging offences punishable under Sections 452, 354, 511 of Section 376 of the Indian Penal Code, 1860.

According to the prosecution, on 23.09.2022 at midnight, the accused trespassed into the house of the victim and pushed her on to the bed and after grabbing her body, tore her dress and attempted to commit rape on her and thereby committed the offences alleged.

Sri.P.Sanjay, the learned counsel for the petitioner contended that the allegations are false and the incident as alleged had not occurred. It was also pointed out that the allegations are based on mistaken identity and therefore the petitioner ought to be released on bail especially since he has been in detention since 23.09.2022.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations are serious and that if the petitioner is released on bail, there is every chance that he may intimidate and threaten the witnesses. It was also pointed out that petitioner is a neighbour of the victim and therefore releasing him on bail, at this juncture, would cause prejudice to the investigation.

I have considered the rival contentions and also perused the case diary. The allegation is that the petitioner had attempted to commit rape upon the victim aged 50 years. Though the allegations are serious, considering the period of detention already undergone, i.e. from 23.09.2022, I am of the view that the petitioner ought to be released on bail.

Accordingly I 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 appear before the Investigating Officer as and when required.

(c) 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.

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

(e) Petitioner shall not enter into the jurisdictional limits of Fort Kochi Police Station until conclusion of trial for a period of six months from today.

(f) 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.