Rinto vs State Of Kerala

Gopinath P., J

This is an application for regular bail .

Petitioner is the accused in Crime No.61/2021 of Athirappilly police station. The allegation against the petitioner is that on 5.10.2021, he trespassed in to the house of the de-facto complainant and committed assault on her and removed her robes and attempted to rape her. Therefore, Crime No.61/2021 of Ahtirappilly police station has been registered alleging commission of offences punishable under Sections 452, 354, 354D, 325, 341 and 511 of Indian Penal Code (in relation to the offence of Section 376 IPC). The learned counsel appearing for the petitioner submits that the petitioner and de-facto complainant are neighbours and there was a dispute between them regarding the dumping of waste and that this is the actual incident which lead to the registration of the aforesaid crime. He also submits with reference to an affidavit executed by the de-facto complainant who appears through counsel in this Court that the entire dispute between the parties have been settled and that he intends to apply to this Court under Section 482 of the Code of Criminal Procedure for quashing the proceedings on the ground of settlement.

Learned Public Prosecutor, on instructions, submits that  the allegations against the petitioner are very serious and that if this Court is inclined to grant bail, it must be on stringent conditions. The leanred counsel appearing for the second respondent submits that the dispute between the petitioner and the de-facto complainant are settled and that she has no further grievance in the matter.

Taking into the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 6.10.2021, I am of the opinion that this application for bail can be allowed subject to conditions.

In the result, this application 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.25,000/- (Rupees Twenty five thousand only) with two solvent sureties for the like sum to the satisfaction of the Judicial First Class Magistrate Court-I, Chalakkuday.

(ii) Petitioner shall appear before the investigating officer

in Crime No.61 of 2021 of Athirapplly Police station, on every Saturday at 11 a.m until further orders.;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.61/ of 2021 of the Athirapplly police station ;

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

If any of the aforesaid conditions are violated, the investigating officer in Crime No.61 of 2021 of Athirappilly Police station may file an application before the Judicial First Class Magistrate Court- I, Chalakkudy for cancellation of bail.