Vishnu 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.1565/2022 of Nedumangad Police Station, Thiruvananthapuram, alleging offences punishable under Sections 450, 342, 354, 354(b) and 376 of the Indian Penal Code, 1860.

According to the prosecution, the petitioner trespassed into the house of the victim and raped her and thereby committed the offences alleged.

Sri.S.Nikhil Sankar, the learned counsel for the petitioner contended that the petitioner is totally innocent of the allegations and the incident as alleged had not occurred. The learned counsel also pointed out that the victim had refused to subject herself to medical examination indicating the falsity of her allegations. It was also pointed out that the petitioner has been in custody since 22.09.2022 and that in the circumstances, further detention is not essential for the purpose of investigation.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature and that he is alleged to have raped a 22 year old lady after trespassing into her house. It was further submitted that the investigation is still continuing and therefore releasing the petitioner on bail, at this juncture, would cause prejudice to the investigation.

I have perused the statement of the victim as well as the statement of other witnesses. It is noticed that the victim had refused to subject herself to medical examination. In the nature of the allegations and the surrounding circumstances, I am of the view that though the allegations against the petitioner are serious, further detention of the petitioner is not essential.

In the result, this application is allowed 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 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.