XXXXXXXXXX vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.671 of 2022 of Thodupuzha Police Station registered for the offences punishable under Sections 376(1) and 323 of the Indian Penal Code, 1860 and also under Sections 4(1) and 3(a) of the Protection of Children from Sexual Offences Act, 2012.

The prosecution case is that, the petitioner became acquainted with the victim and committed rape on her, in November, 2020; and thereby committed the offences alleged against him.

Sri.Sreejith S.Nair, the learned counsel for the petitioner submitted that the petitioner was arrested on 29.04.2022 and he has been in custody since then. It was also submitted that the final report has not yet been filed and hence the petitioner is entitled to be released as per the provisions of Section 167(2)(a)(1) of Cr.P.C.

Sri.Noushad K.A., the learned Public Prosecutor, upon instructions, submitted that the final report has not yet been filed.

Having regard to the aforesaid submission, petitioner is, therefore, entitled to get the benefit of statutory bail contemplated under Section 167(2)(a)(1) of Cr.P.C.

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 offence 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.