Ashwin Pramodh vs State Of Kerala

Viju Abraham, J

This is an application for regular bail.

The petitioner is accused No.2 in Crime No.418/2022 of Ernakulam Town South Police Station, alleging commission of offence punishable under Sections 342, 323, 324 and 511 of 377 r/w Section 34 of Indian Penal Code.

The prosecution allegation is that, the accused and the defacto complainant are classmates. On 27.03.2022 at 4.30 a.m. petitioner herein along with other accused after consuming liquor confined the defacto complainant in room No.13 of Saerah Gents Hostel, near Sahodaran Ayyappan Road and the 2nd accused attempted to do carnal intercourse with the help of other accused persons and when the defacto complainant tried to escape from the room the 2nd accused obstructed the defacto complainant with the help of others, pressed with a plastic stick on his chest and bet on his face and thereby committed the offences alleged.

Pursuant  to  Annexure  A1  order,  the  petitioner surrendered before the court below on 18.06.2022 and he is in custody since then.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case, considering the nature of the allegations and considering the fact that the petitioner is a student and he is in custody from 18.06.2022 onwards, I am inclined to grant bail to the petitioner subject to stringent conditions. In the result, the bail application is allowed. 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 each for the like-sum to the satisfaction of the jurisdictional court;

(ii) The Petitioner shall appear before the investigating officer in Crime No.418/2022 of Ernakulam Town South Police Station as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the defacto complainant or any witness in Crime No.418/2022 of Ernakulam Town South Police Station;

(iv)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.418/2022 of Ernakulam Town South Police Station may file an application before the jurisdictional court, for cancellation of bail.