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 6th accused in Crime No.400/2022 of Vythiri Police Station, Wayanad District. The offences alleged against the petitioner are under Sections 109, 112, 114, 120B, 323, 328, 342, 366, 370A(2) and Section 376D the Indian Penal Code. 1860.

According to the prosecution, accused Nos.1 to 8 entered into criminal conspiracy to sexually exploit the victim and two of them abducted her on 05.10.2022 and brought her to Vaithiri in Wynad and with the help of accused 6,7, and 8, took her to a resort where accused 1 and 2 committed gang rape on her and thereby committed the offences alleged.

Sri.M.R.Sasith, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the petitioner has no role in the alleged offence. According to the learned Counsel, petitioner had no knowledge about any possibility of a rape being committed on the victim and that she was only a staff in the resort, where the incident is alleged to have taken place and she is roped in as an accused without any basis. In any event, it was submitted that petitioner was arrested on 07.10.2022 and that accused 1, 2 and 5 to 8 have already been released on bail by the Sessions Court.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the allegations are serious in nature and that if the petitioner is released on bail, there is every chance of her influencing and intimidating the witnesses.

I have perused the records produced and have also considered the rival contentions.

Having regard to the period of detention already undergone and also taking into reckoning the fact that petitioner is a woman, apart from the grant of bail to the accused 1,2, and accused 5 to 8, I am of the view that, the continued 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 her executing 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 she tamper with the evidence or contact the defacto complainant or her family members.

(d) Petitioner shall not commit any similar offences while she 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.