Babu vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.576/2022 of Koyilandy Police Station, Kozhikode. The offences alleged against the petitioner are under sections 342, 376(2)(n) & 506 of the Indian Penal Code, 1860.

According to the prosecution, the accused committed rape on the victim on several days including 29.12.2021 and 11.07.2022 and thereby committed the offences alleged.

Smt.Deepa, learned Counsel for the petitioner contended that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that even going by the statement of the victim, the incident alleged would only reveal a consensual relationship and not an instance of rape. It was further submitted that the petitioner was arrested on 10.09.2022 and the continued detention of the petitioner would not serve any purpose, especially since the investigation is almost completed. Learned Counsel also submitted that the petitioner is willing to abide by any conditions that may be imposed upon him.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and contended that the incident alleged reveals several instances of rape and that since the investigation is ongoing, releasing the petitioner at this juncture would prejudice the investigation.

I have perused the statement of the victim and have also gone through the documents produced.

Having regard to the allegation of rape on 29.12.2021, and again on 11.07.2022, I am of the view that the allegations are serious in nature. The petitioner is 53 years in age while the victim is 43. They are neighbours also. Since the interrogation of the petitioner is already completed, I am of the view that petitioner can be released on bail on strict conditions:

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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 enter into the jurisdictional limits of Koyilandy Police Station for a period of six months.

(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) 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.