Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 27TH DAY OF MARCH 2023 / 6TH CHAITHRA, 1945 BAIL APPL. NO. 1950 OF 2023 CRIME NO.173/2023 OF Vadakkekad Police Station, Thrissur AGAINST THE ORDER/JUDGMENTCRMP 882/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMKULAM PETITIONER/SOLE ACCUSED: HYDER ALI AGED 32 YEARS S/O BAKKAR, THAIKKOOTTATHIL HOUSE, AYYOTTICHIRA DESAM, VELIYAMKODE VILLAGE, MALAPPURAM DISTRICT, PIN - 679579 BY ADVS. ARUN ASHOK NEENA JAMES AMAL ABDUL MAJEED K.A. RESPONDENT/COMPLAINANT: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 BY ADV PUBLIC PROSECUTOR THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 27.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:-
ORDER
Dated this the 27th day of March, 2023 This application is filed u/s 439 of the Code of Criminal Procedure seeking regular bail.
2. The applicant is the sole accused in Crime No.173/2023 of Vadakkekkad Police Station. The offences alleged are punishable under Section 376 of IPC.
3. The prosecution case, in short, is that on 22.02.2023 at 11.30 a.m., the applicant raped the victim at the bedroom of her house against her will and thereby committed the offence.
4. I have heard Sri. Vishnu Bhuvanendran, the learned counsel for the applicant and Sri.Hrithwik C.S., the learned Public Prosecutor. Perused the case diary.
5. The learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the
present case. The counsel further submitted that no materials are on record to connect the applicant with the alleged crime; hence, he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicant, and he is not entitled to bail at this stage.
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6. The applicant was remanded to judicial custody on
24.02.2023. The investigation of the case is almost over. A reading of FIS would show that the applicant and the victim were relatives. The alleged incident was taken place at the house of the victim and her husband was away at that time. The applicant has no criminal antecedents. For all these reasons, I do not find any reason to hold that the continued detention of the applicant is required for any purpose. Hence, the applicant is entitled to be released on bail.
In the result, the application is allowed on the following conditions: -
(i) The applicant 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 applicant shall fully co-operate with the investigation.
(iii) The applicant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m. on every Saturday until further orders. He shall also appear before the investigating officer as and when required. -:4:-
(iv) The applicant shall not commit any offence of a like nature while on bail.
(v) The applicant shall not attempt to contact any of the
prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.
(vi) The applicant shall not leave the State of Kerala without the permission of the trial Court.
(vii) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court. Sd/- KAUSER EDAPPAGATH JUDGE. TR