XXX 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.376 of 2022 of Kolavalloor Police Station alleging offences under section 376(2)(f) of the Indian Penal Code, 1860.

According to the prosecution, the accused had raped the survivor on a day prior to 30.07.2022 and thereby committed the offences alleged.

Sri.V.John Sebastian Ralph, learned counsel for the petitioner contended that the entire prosecution allegations are false It was also pointed out that the incident as alleged is inherently impossible since the petitioner is alleged to have raped the victim in front of her mother. In any event, it was also submitted that since the petitioner was arrested on 30.07.2022, the continued detention of the petitioner is not essential for the purpose of investigation.

Sri.K.A.Noushad, learned Public Prosecutor opposed the grant of bail and contended that investigation is still going on and therefore releasing the petitioner at this juncture will be prejudicial to the investigation.  It was also pointed out that the petitioner has other criminal antecedents.

I have perused the case diary and have gone through the records. Even though the allegations mentioned are serious in nature, considering the fact that petitioner was arrested on 30.07.2022, I am of the view that the continued detention of the petitioner would not serve any purpose. In view of the above, the petitioner is liable to be released on bail.

Accordingly, this bail application is allowed on the following conditions:

(i) 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required.

(iii) 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.

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

(v) 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.