Baburajan vs State Of Kerala

This is an application for regular bail moved by the sole accused in Crime No.1326/2020 of Chevayur Police Station in Kozhikode District.

The crime was registered initially under Section 57 of the Kerala Police Act, 2011 on the strength of the statement given by the father of the victim

on man missing; thereafter on revealing the commission of offence, Section of offence was altered and offence under Sections 376 (2) (j) and (l) and

366 of the IPC has been incorporated. The petitioner was arrested on 20.01.2021 and since then he is in custody.

I heard the learned counsel for the petitioner as also the learned Public Prosecutor.

The learned Public Prosecutor on instructions submitted that the investigation has progressed considerably and statement of the victim under

Section 164 Cr.P.C has already been recorded, that medical examinations are over. Now he is in custody for more than 85 days. Considering the

progress of the investigation, the petitioner can be released on bail on the following conditions:-

i) The petitioner shall execute a bond for Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction

of the trial court;

ii) He shall not try to contact or influence the witnesses or tamper with the evidence;

iii) Petitioner shall not leave India without permission of the jurisdictional Court;

iv) He shall appear before the committal/trial court as and when required;

v) The petitioner shall strictly follow the various guidelines issued by the State and Central Governments with respect to keeping of social distancing in

the wake of Covid 19 pandemic;

vi) If any of the above conditions are violated by the petitioner, the jurisdictional Court will be at liberty to cancel the bail in accordance with law.

This bail application is allowed as above.