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Judgment
Gopinath P, J
This is an application for regular bail.
The petitioner is the accused in Crime No.706 of 2023 of Koodal Police Station, Pathanamthitta District, alleging commission of offences under Sections 450, 354, 511 and 376 of the Indian Penal Code. The allegation against the petitioner is that on 09.10.2023 at about 02.30 PM, the petitioner trespassed into the house of the victim and hugged her and attempted to commit rape on her and thereby he committed the offences alleged against him.
The learned counsel appearing for the petitioner would submit that the petitioner was arrested on 10.10.2023 and he continued in custody till 19.10.2023, after which he was released pursuant to the interim order dated 19.10.2023 of this Court. It is submitted that the petitioner is the President of the Kulathumon Sreevilasam SNDP Branch No.815 for the last four years. It is submitted that a false complaint has been registered against the petitioner on account of factional disputes at the said branch of the SNDP. It is submitted that the father of the de-facto complainant is a member of the opposite faction and this is reason why a false complaint has been registered against the petitioner. It is submitted that the petitioner is a 63 year old man and no other allegations of similar nature have been raised against him.
The learned Public Prosecutor refers to the First Information Statement of the victim to suggest that there are clear allegations, which would attract the offences alleged against the petitioner. It is submitted that though the petitioner was arrested on 10.10.2023, he was released on 19.10.2023 following the interim bail granted by this Court. It is submitted that considering the nature of the allegations, it may not be appropriate to grant bail to the petitioner presently. It is also submitted that the petitioner is also accused in Crime No.638 of 2022 of the same police station, alleging commission of offences under Section 294(b) and 323 of the Indian Penal Code.
Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions. The petitioner was in custody from 10.10.2023 to 19.10.2023. The allegations against the petitioner are as noticed above. Those allegations as well as the criminal antecedent reported against the petitioner do not compel me to hold the petitioner cannot be granted bail.
In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-
(i) The petitioner shall continue on the same bond executed by him while he was released on interim bail pursuant to the order dated 19.10.2023 of this Court;
(ii) The petitioner shall report before the Investigating officer in Crime No.706 of 2023 of Koodal Police Station, Pathanamthitta District, as and when summoned to do so;
(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.706 of 2023 of Koodal Police Station, Pathanamthitta District;
(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.706 of 2023 of Koodal Police Station, Pathanamthitta District may file an application before the jurisdictional Court for cancellation of bail.