Manoj K. vs The State of Kerala

K.T. Sankaran, J.—This is an application for bail u/s 439 of the Code of Criminal Procedure. The Petitioner is accused No. 1 in Crime No. 359 of 2011 of Nileshwar Police Station, Kasaragod District.

The offences alleged against the accused are under Sections 376, 313 and 498A of the Indian Penal Code.

The second accused is the husband of the de facto complainant. The allegation is that on 6.1.2011, the accused persons consumed liquor at the residence of the second accused. It is alleged that after 11 P.M., the first accused raped the de facto complainant. She became pregnant. Abortion was made against the wish of the de facto complainant. The Petitioner surrendered before Court on 2.7.2011 and he was remanded to judicial custody.

Learned Counsel for the Petitioner submitted that the father of the Petitioner passed away today. The Petitioner has to take part in the funeral obsequies.

Taking into account the facts and circumstances of the case and also the submission made by the learned Counsel for the Petitioner that the father of the Petitioner passed away today, I am inclined to grant bail to the Petitioner.

The Petitioner shall be released on bail on his executing bond for Rupees Twenty Five thousand with two solvent sureties for the like amount to the satisfaction of the Judicial Magistrate of the First Class II, Hosdurg, subject to the following conditions:

a) The Petitioner shall report before the investigating officer between 9 A.M. and 11 A.M. on all Mondays, till the final report is filed or until further orders;

b) The Petitioner shall appear before the investigating officer for interrogation as and when required;

c) The Petitioner shall not try to influence the prosecution witnesses or tamper with the evidence;

d) The Petitioner shall not commit any offence or indulge in any prejudicial activity while on bail;

e) In case of breach of any of the conditions mentioned above, the bail shall be liable to be cancelled.

The Bail Application is allowed as above.