Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 1ST DAY OF DECEMBER 2023 / 10TH AGRAHAYANA, 1945 BAIL APPL. NO. 10026 OF 2023 CRIME NO.1221/2023 OF Aryancode Police Station, Thiruvananthapuram PETITIONER: VINEETH AGED 29 YEARS S/O GOPI, KARUNYA BHAVAN,KEEZHAROOR P.O,THIRUVANANTHAPURAM DISTRICT., PIN - 695125 BY ADV S.NIKHIL SANKAR RESPONDENTS: STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM ., PIN - 682031 G.SUDHEER-PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Bail Appl. No. 10026 of 2023 :2:
ORDER
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. 1221/2023 of Ariyancode Police Station. The offences alleged are punishable under Sections 450, 376, 354, 354A(1)(i), 354A(1)(ii), 506(i) of the Indian Penal Code.
3. The prosecution case, in short, is that on 05.10.2023 at 10
pm, the applicant tresspassed into the residence of the victim at Mottalumood, committed rape on her and also criminally intimidated her and thereby committed the offences.
4. I have heard Sri. Nikhil Sankar S., the learned counsel for the applicant and Sri. G. Sudheer, 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.
Bail Appl. No. 10026 of 2023 :3:
6. The applicant was remanded to judicial custody on
25.10.2023. The victim is a married lady with two children. Reading of the FIS shows that there were several instance of sexual intercourse between the victim and the applicant at her house that too during night when the children were sleeping. A reading of the FIS suggest that the sexual intercourse between the applicant and the victim were consensual in nature. 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.
(iv) The applicant shall not commit any offence of a like nature while on bail. Bail Appl. No. 10026 of 2023 :4:
(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 sbk/-