Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 PETITIONER: BAVA MUSTAFA AGED 57 YEARS,S/O.MUSTAFA KOCHUKUDIYIL HOUSE, RANDAR.P.O., MUVATTUPUZHA, PIN - 686673 BY ADVS. A.RAJASIMHAN VYKHARI.K.U RESPONDENT: STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 OTHER PRESENT: SR.PP SRI.NOUSHAD K.A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
=========================== B.A.No. 2478 of 2022 ============================ Dated this the 31st day of May, 2022
ORDER
This is an application seeking pre-arrest bail under Section 438 of Code of Criminal Procedure, 1973.
2. Petitioner is the sole accused in Crime No.530/2022 of Muvattupuzha Police Station. The offenses alleged against the petitioner are under Sections 376 and 506 of I.P.C.
3. According to the case of the de-facto complainant, on 14.06.2019 at 5.p.m., petitioner committed rape on her. The de-facto complainant is the daughter-in-law of the petitioner.
4. Sri.Rajasimham, the learned counsel for petitioner submitted that the petitioner is totally innocent and the entire case is build up on false allegations.
5. The learned Public Prosecutor opposed the grant of anticipatory bail and submitted that the offenses alleged against the petitioner are serious in nature.
6. On a consideration of the circumstances arising in the
case, I find that the de-facto complainant herself had lodged an FIR on 15.12.2021 against the petitioner, de-facto complainant’s husband as well as her mother in law. They are all arrayed as accused in Crime No.4096/2021 of the Muvattupuzha Police Station, in which petitioner is arrayed as the 2nd accused. At that point of time, petitioner did not have any allegation of the nature specified in the present complaint. However, subsequently, a statement was given on 26.02.2022, alleging that the petitioner had raped the de-facto complainant on 14.06.2019. This Court had granted anticipatory bail on 21.01.2022 in Crime No.4096/2021 for all accused in that case including the petitioner. Obviously, the present F.I.R. is lodged after the order in B.A.No.9852/2021.
7. Considering the above circumstances, and also due to the pendency of matrimonial dispute between the petitioner and the de- facto complainant, I am of the view that the petitioner is entitled to be enlarged on bail.
8. Accordingly, the petitioner shall be released on bail in the
event of arrest in crime No.530/2022 of the Muvattupuzha Police Station on the following conditions: a) Petitioner shall appear before the Investigating Officer on 09.06.2022 and shall undergo interrogation. b) After interrogation, if the Investigating Officer intends to arrest the petitioner, he shall be released
on bail on executing bond for Rs.50,000/- with two solvent sureties each for the likesum to the satisfaction of the officer concerned. c) Petitioner shall appear before the Investigating Officer for interrogation as and when required. d) Petitioner shall co-operate with the investigation and 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. e) Petitioner shall not threaten, intimidate or force the de-facto complainant. f) Petitioner shall not leave India without the permission of the Court. g) Petitioner shall not commit an offence similar to the offence alleged against him.
Accordingly this bail application is allowed. Sd/- BECHU KURIAN THOMAS JUDGE ssa/