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Judgment
This is an application filed under Section 439 of Cr.P.C seeking regular bail.
The petitioner herein is the 3rd accused in Crime No.1131/2020 of Vatakara Police Station for offences punishable under Sections 342, 324, 384
and 377 read with Section 34 of I.P.C.
The crux of the prosecution allegation is that the brother of the defacto complainant went missing and a complaint was laid. He was located at
Mysore. Prosecution alleges that asylum was offered by the 2nd accused to the brother of the defacto complainant and in the course of his stay, the
3rd accused committed sexual offence on him. The petitioner was arrested on 20.11.2020 and he is in custody since then. He seeks bail.
According to the learned Public Prosecutor a sum of Rs.50,000/- was transferred to the account of the accused by the brother of the defacto
complainant. It indicates that ransom was paid. Investigation is progressing. The victim has undergone considerable mental trauma and is undergoing
counseling now.
Though the allegation against the accused cannot be lightly seen, considering the fact that the investigation as against the petitioner herein has
progressed considerably and considering the fact that he is in custody since 20.11.2020, I am inclined to grand bail to the petitioner on the following
conditions:-
(i) Petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties for the like sum each to the satisfaction of
the Court below.
(ii) Petitioner shall appear before the investigating officer as and when called for.
(iii) He shall not threaten, coerce or intimidate the defacto complainant/victim and the witnesses.
(iv) He shall not get involved in any other identical crime.
Bail application is allowed as above.