Vinu vs State Of Kerala

Application for regular bail.

The petitioner is the accused in Crime No. 254 of 2021 of Varkala Police Station registered for the offences punishable under Sections 323, 354, 506 of 376 and 308 of Indian Penal Code.

The petitioner is a staff working in a resort at Varkala. The defacto complainant was staying in a room in that resort as a tourist. On 25.01.2021 at about 9 p.m. this petitioner had entered into her room under the pretext of cleaning the room and caught hold of her and attempted to commit rape. When she resisted the same, he tried to close her mouth and thus suffocated her. He also with the intention to kill her, pressed on her neck and thereby committed the aforesaid offences.

The learned counsel for the petitioner would submit that the petitioner has no criminal antecedents and he is totally innocent of the allegations levelled against him.

The learned Public Prosecutor has vehemently opposed the application and contended that granting of bail before completion of investigation will definitely affect the prosecution case adversely.

On hearing both sides, I could find that the investigation of the case has progressed considerably. He is in custody since 26.01.2021. The victim has given statement and left to her native place and the investigating officer has collected all the materials required for filing the final report. As the investigation has progressed considerably, and nearing completion, I think that this application can be considered and bail can be granted to the petitioner.

Hence, this application is allowed subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction. One of the sureties shall be a close relative of the petitioner.

(ii) The petitioner shall appear before the Investigating Officer on every Friday between 10a.m. and 11 a.m. for a period of two months or till the filing of the final report whichever is earlier. He shall also appear for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.