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Judgment
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 accused in Crime No.507/2022 of Elamakkara Police Station, Ernakulam, alleging offences punishable under Section 376 and Section 420 of the Indian Penal Code, 1860.
According to the prosecution, the accused had concealed his earlier marriage and got a marriage with defacto complainant registered on 10.04.2017 and thereafter sexually abused her, knowing that his marriage was null and void and also took her gold ornaments and money and cheated her and thereby committed the offences alleged.
Sri.Sastamangalam.S.Ajithkumar, the learned counsel for the petitioner, contended that prosecution allegations does not make out an offence under Section 376 and that the allegations are totally without any basis. He further submitted that since petitioner was arrested on 10.10.2022, the continued detention is not essential as the investigation is almost completed. The learned counsel also submitted that petitioner is willing to abide by any condition that may be imposed upon him.
Smt.M.K.Pushpalatha, the learned Public Prosecutor, opposed the grant of bail and contended that the allegations are serious and that petitioner had suppressed the earlier marriage and procured consent of the defacto complainant and forced her into registering the marriage under the Special Marriage Act, knowing fully well that his earlier marriage is subsisting. It was further submitted that the investigation is still continuing and therefore, releasing the petitioner at this juncture would cause prejudice and that there is every chance of him influencing or intimidating the witnesses.
I have considered the rival contentions and have also perused the documents produced.
The allegations against the petitioner are serious. He is alleged to have contracted an earlier marriage, wherein two children were born in the said wedlock. Suppressing the said marriage, he forced the defacto complainant to enter into a marriage with him, which is registered under the Special Marriage Act.
However, having regard to the period of detention already undergone and the investigation having reached the final stage, I am of view that further detention of the petitioner is not essential. Accordingly, I allow this bail application under 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 defacto complainant or her family members.
d) Petitioner shall not commit any similar offences while he is on bail.
e) Petitioner shall not enter into the jurisdictional limits of Elamakkara Police Station.
f) Petitioner shall not leave the country without orders from the jurisdictional court.
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.