XXXXX vs State Of Kerala

Gopinath P, J

Petitioner is the accused in Crime No.461/2021 of Payyannur police station, alleging commission of offence under Section 376 of the Indian Penal Code.

The allegation against the petitioner is that on 16.12.2020, the accused, who is the brother of the husband of the de facto complainant, committed rape on the de facto complainant at her residence. It is alleged that the husband of the de facto complainant is a deaf and dumb person.

Learned counsel appearing for the petitioner would submit that the petitioner was arrested on 28.08.2021 and has been in custody ever since. She submits that the petitioner is actually innocent of all the allegations and that the custody of the petitioner is no longer required as the final report has already been filed and it is now pending before the Judicial First Class Magistrate Court, Payyannur as C.P.No.57/2021 for committal. She also submits that the petitioner shall comply with any condition that may be imposed by this Court.

Learned Public Prosecutor vehemently opposed this application for bail. She submits with reference to the facts of the case that the allegation against the petitioner is extremely serious and grant of bail at this stage may not be conducive to the trial of the case as the petitioner and the de facto complainant are relatives and there is every chance that the petitioner will influence the witnesses in the case.

Having regard to the fact that the petitioner has been in custody from 28.08.2021 and also considering the fact that investigation has been completed and final report has already been filed in the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions to ensure that he does not influence or intimidate any witness in the case. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.461/2021 of Payyannur Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.461/2021 (now pending as C.P. No.57/2021 before the Judicial First Class Magistrate Court, Payyannur) of Payyannur police station;

(iv) The petitioner shall not enter the local limits of the Payyannur police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.461/2021 of Payyannur police station may file an application before the jurisdictional court, for cancellation of bail.