XXXXXXXXXX vs State Of Kerala

Ziyad Rahman A.A., J

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

The petitioner is the accused in Crime No. 551/2023 of Chathannoor Police Station. The crime was registered for the offences punishable under Sections 511 of 376, 454, 354, 506 and 307 of the Indian Penal Code.

The prosecution case is that, on 30.04.2023, at about 17.00 hours, the petitioner, with an intention to commit rape of the defacto complainant, trespassed into the bathroom of the house of the defacto complainant and attempted to rape. When the defacto complainant started making noise, the accused intimidated her and tried to strangle her to death by grabbing hold of her neck. Later, when the defacto complainant ran away, escaping from the clutches of the petitioner, she fell down and suffered an injury on her right eyebrow. The crime was registered in such circumstances, and as part of the investigation, the petitioner was arrested on 01.05.2023. Since then, he has been under judicial detention. Even though the petitioner submitted an application for bail before the Sessions Court, Kollam, the same was dismissed as per Annexure A. This application is submitted in such circumstances.

Heard, Sri. P. Rahul, the learned counsel appearing for the petitioner and Sri.C.S Hrithwik, the learned Public Prosecutor, appearing for the State.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the said case. According to him, certain disputes exist between the petitioner's family and the defacto complainant's family in connection with a pathway. The defacto complainant and her family members encroached upon the pathway and tried to widen it for vehicular access, which was objected to by the father of the petitioner. This resulted in a scuffle between the parties. A complaint was submitted with false allegations due to the rivalry between the parties in such circumstances. The learned counsel further points out that the petitioner has been in custody for more than 40 days, and there is no purpose in continuing the incarceration. The petitioner is ready and willing to cooperate with the investigation and shall abide by any conditions this Court may impose.

On the other hand, the learned Public Prosecutor would oppose the aforesaid contentions. It is pointed out that there are specific allegations against the petitioner, and the matter is being investigated. Therefore, the dismissal of the bail application was sought.

I have gone through the records. One of the crucial aspects to be noticed is that going by the medical report of the defacto complainant, apart from the contusion over the right upper eyelid, there are no other injuries sustained. By relying on the said aspect, the learned counsel for the petitioner submitted that the offence under Section 307 of the Indian Penal Code would not be attracted. Besides the same, the learned counsel for the petitioner also put forward a contention of false implication consequent to certain civil disputes between the parties. However, no materials are placed before me to substantiate the same. Anyhow, those are matters to be investigated. The fact remains that the petitioner has been in custody since 01.05.2023 onwards, and more than 40 days have elapsed. There is substantial progress in the investigation, and no criminal antecedents of the petitioner were brought to my notice. In such circumstances, I am of the view that the continued incarceration of the petitioner may not be necessary. Therefore, the petitioner can be released on bail by imposing appropriate conditions to ensure that he is not interfering with the investigation by influencing or intimidating the witnesses.

In such circumstances, the application is allowed on the following conditions:-

i) The petitioner shall be released on bail on executing a bond for Rs. 1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Court.

ii) The petitioner shall fully cooperate with the investigation.

iii) The petitioner shall appear before the Investigating Officer between 10.00 a.m and 11.00 a.m every Wednesday until the filing of the final report.

iv) The petitioner shall also appear before the Investigating Officer as and when required by him.

v) The petitioner shall not commit any offence of similar nature while on bail.

vi) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

vii) The petitioner shall not leave the State of Kerala without the permission of the trial Court.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail, if any, and pass appropriate orders in accordance with the law.