XXX vs State Of Kerala

Sophy Thomas, J

This is an application for regular bail under Section 439 of the Code of Criminal Procedure filed by the sole accused in Crime No.9 of 2024 of Melparamba Police Station, Kasaragod, registered under Sections 354, 376, 376(2)(n) and 450 of IPC.

The prosecution allegation is that in the year 2023, the petitioner trespassed into the house of the victim, a lady aged 29 years, and committed rape on her.

Heard learned counsel for the petitioner and the learned Public Prosecutor.

Learned Public Prosecutor opposed the bail application.

Learned counsel for the petitioner would submit that the petitioner is absolutely innocent of this crime. He is in judicial custody from 02.02.2024, and he is ready to abide by any conditions imposed by this Court. Moreover, two other crimes are registered against two other persons on complaints of similar nature, made by the victim herein.

The victim is a married woman having a child. Though there is allegation that she became pregnant because of the sexual assault, since three similar complaints are there against three different persons, it cannot be said that the victim became pregnant due to the sexual assault from the part of the petitioner herein. Moreover, there is delay in lodging the complaint.

Learned Public Prosecutor, on instructions, submitted that investigation has progressed substantially, and it is also admitted that two similar complaints were preferred by the victim against two other persons also.

Considering all these aspects, this Court is inclined to allow this application on the following terms:

(i). The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.

(ii). The petitioner shall report before the investigating officer, on alternate Saturdays, starting from 02.03.2024, between 10.00 am and 11.00 am for a period of three months or till the final report is filed, whichever is earlier.

(iii) The petitioner shall appear before the investigating officer as and when directed.

(iv) The petitioner shall not enter the limits of Melparamba Police Station till the investigation is over, except for the purpose of reporting before the Police Station or before the court as the case may be.

(v). The petitioner shall not try to contact the victim and shall not influence or intimidate the witnesses or tamper with the investigation.

(vi). The petitioner has to surrender his passport before the trial court at the time of executing bond and if he is not having a passport, he has to file an affidavit to that effect before the trial court.

(vii). The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.

(viii). The petitioner shall not commit any offence while on bail.

(ix). In case of violation of any of these conditions, the trial court is empowered to cancel his bail, in accordance with law.