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Judgment
Dr Kauser Edappagath, J
This is the second application for regular bail filed u/s 439 of Code of Criminal Procedure.
The petitioner is the accused in Crime No.8666/2021 of the Kilikolloor Police Station. The offences alleged against the petitioner are punishable under Sections 450, 376(2) and 195A of the Indian Penal Code and Section 120(o) of the Kerala Police Act.
The prosecution case in short is that on 13.10.2020, the petitioner criminally trespassed into the house of the de facto complainant and committed rape on her and impregnated her and thereby committed the offences.
Heard both sides and perused the case diary.
The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner.
The first bail application was dismissed on the ground that the investigation was then at its preliminary stage. Now the investigation is over and the charge sheet has already been filed. The petitioner has no criminal antecedents. Hence, I am of the view that further detention of the petitioner is not necessary and he is entitled to be released on bail on conditions.
In the result, the application is allowed on the following conditions:-
(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.
(ii) The petitioner shall not commit any offence of like nature while on bail.
(iii) The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(iv) The� petitioner� shall� not leave� State� of Kerala without the permission of the trial Court.