Venu vs State Of Kerala

Ziyad Rahman, A.A, J

This is an application for regular bail.

The petitioner is the accused in Crime No.763/2023 of Paravoor Police Station, Kollam District. The offences alleged against the petitioner are under Sections 294(b), 450, 376 & 354 of the IPC.

The prosecution case is that, on 31.5.2023 at 3.30 pm, the petitioner entered into the house of the defacto complainant, outraged the modesty of the victim and committed rape upon her.

The crime was registered in such circumstances and the petitioner was arrested on 02.06.2023. Since then, he has been under judicial detention. This application for regular bail is submitted in such circumstances.

Heard Sri.Siju, the learned counsel appearing for the petitioner and Smt.Sreeja V, the learned Senior Public Prosecutor appearing for the State.

The learned Public Prosecutor opposes this bail application by pointing out that, there are specific allegations against the petitioner. It is also pointed out that the investigations in this case is already over and the final report is submitted.

I have carefully gone through the records. It is true that there are specific allegations against the petitioner. One of the crucial contentions raised by the learned counsel for the petitioner is with regard to the delay of two days in reporting the matter. It is also pointed out that there are certain disputes between the petitioner and the defacto complainant’s family and a false complaint was submitted on account of the same.

After considering the relevant materials and taking into account the period of incarceration the petitioner had already undergone, I am of the view that the petitioner can be granted bail. While taking this view, I have considered the fact that, no criminal antecedents of the petitioner were brought to my notice. Now the investigation is over, but, the trial of the case is likely to take some time. In such circumstances, I do not find any necessity of further detention of the petitioner.

Accordingly, this application is allowed and the petitioner is directed to be released on bail subject to 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 Court.

ii) The petitioner shall appear before the trial court as and when required.

iii) The petitioner shall not commit any offence of similar nature while on bail.

iv) The petitioner shall not make any 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.

v) The petitioner shall not leave India without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.