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Judgment
Mohammed Nias C.P., J
This is an application filed under Section 439 of the Code of Criminal Procedure seeking regular bail.
The petitioner is the sole accused in Crime No.565/2024 of Ponnani Police Station, Malappuram District, of having committed offences punishable under Section 376(2) of the Indian Penal Code.
The gist of the prosecution allegation is that the accused being the divorced husband of the defacto complainant committed sexual intercourse with her, without her consent, from 26.09.2022 for a period of 8 months after divorcing her and thereby committed the aforementioned offences. The petitioner was arrested on 11.05.2024 and has been in judicial custody since then.
The learned counsel for the petitioner submits that the petitioner is innocent of the allegations levelled against him and he has been falsely implicated in the crime with ulterior motives. At any rate, continued custody of the petitioner is unnecessary.
The learned Public Prosecutor opposed the petition.
After having heard the submissions on both sides, it is to be noticed that the petitioner, who is stated to be the former husband of the victim, had filed a writ petition on 16.4.2024 as W.P(C) No.15955/2024 alleging police harassment, and it is after the filing of the said writ petition that the present complaint was filed by the defacto complainant on 20.04.2024, eight months after the divorce. Considering the nature of the allegations, the facts mentioned in the petition and also after hearing the learned counsel for the petitioner and the learned Public Prosecutor, I am inclined to grant bail to the petitioner.
Accordingly, the bail application is allowed, and the petitioner shall be released on bail subject to the following conditions:-
i. The petitioner shall be released on bail on 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;
ii. He shall fully cooperate with the investigation and shall appear before the investigation officer as and when directed.
iii. He shall not tamper or attempt to tamper with the evidence or influence or try to influence the witnesses.
iv. He shall not commit any offence while on bail;
v. He shall surrender his passport within seven days from the date of his release before the Court concerned and if the release of the passport is required at a later period, the petitioner shall be at liberty to move an appropriate application for the same before the court having jurisdiction. If he has no passport, he shall file an affidavit to that effect before the court concerned, on the date of execution of the bond or within three days thereafter.
vi. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation of bail and pass appropriate orders in accordance with law.
It is made clear that it is within the power of police to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner, even when the petitioner is on bail, as per the judgment of the Apex Court in Sushila Aggarwal and others V. State (NCT of Delhi) and another [2021 (1) KHC 663].