Rakesh M.P vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the 2nd accused in Crime No.470/2005 of Kannur Town police station, which is now pending as C.P. No.56/2021 on the file of the Judicial First Class Magistrate Court-I,, Kannur, alleging commission of offences under Sections 366(A), 376 and 392 of the Indian Penal Code.

The petitioner did not face trial along with the 1st accused in the case. The trail against the 1st accused proceeded as S.C. No.94/2008 on the file on the Additional Assistant Sessions Judge, Thalasserry. The 1st accused was acquitted by an order dated 04.12.2008 on account of the fact that both the victim and her father had categorically stated that they have no grievances against the 1st accused.

Learned counsel appearing for the petitioner submits that the petitioner was not absconding and was very much available in station. It is submitted that the petitioner did not receive any summons or warrant from the trial court on account of the fact that the address of the petitioner was shown wrongly. It s submitted that the petitioner has been in custody for 86 days. It is submitted that the petitioner will appear before the Court in C.P. No.56/2021 on the file of the Judicial First Class Magistrate Court-I, Kannur and will continue to appear even after the case is committed to the Sessions Court. It is submitted that th epetitioner will co-operate with the trial of the case and will be available to face trial.

I have heard the learned Public Prosecutor also.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 86 days and also taking note of the fact that the 1st accused in the case has already been acquitted, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for bail is allowed and 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 not influence or intimidate the de facto complainant or any witness in C.P. No.56/2021 on the file of the Judicial First Class Magistrate Court-I, Kannur;

(iv) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the Station House Officer of Kannur Town police station may file an application before the jurisdictional court, for cancellation of bail..