Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS MONDAY, THE 21ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944 (Crime No.274/2010 of Kunnamkulam Police Station, Thrissur District) PETITIONER/S: MONISH AGED 34 YEARS S/O CHANDRAN, RUBBER VILLA HOUSE, VALAKKODU P.O, PUNALOOR, KOLLAM DISTRICT., PIN - 691331 BY ADVS. R.SURAJ KUMAR SUNIL J.CHAKKALACKAL RESHMA K.RAJU RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031 2 STATION HOUSE OFFICER KUNAMKULAM P.O, THRISSUR DISTRICT, PIN - 680503 3 STATION HOUSE OFFICER PUNALUR P.O, KOLLAM DISTRICT., PIN - 691305 BY ADV PUBLIC PROSECUTOR OTHER PRESENT: ADV. NOUSHAD. K. A - PP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BECHU KURIAN THOMAS, J.
======================== B.A.No.8880 of 2022 ------------------------------------------------ Dated this the 21st day of November, 2022
ORDER
This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.
2. Petitioner is the 2nd accused in Crime No.274/2010 of Kunnamkulam Police Station, Thrissur District. The offences alleged against the petitioner are under Sections 376(g) of the Indian Penal Code. 1860.
3. The prosecution case is that the 1st accused had
committed rape upon the victim from 20.08.2008 to 21.08.2010 on the promise of marriage and accused 2 to 5 had, on coming to know about the sexual relationship between the victim and the 1 st accused, forced her to indulge in sexual intercourse with them and thereby the accused committed the offences alleged.
4. Sri.Suraj Kumar, learned Counsel for the petitioner
contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that petitioner was arrested on 22.08.2022 and has been in custody since then. Learned Counsel further pointed out that the arrest of the petitioner was in violation of Judgment of the Supreme Court in Reghuvansh Dewanchand Bhasin v. State of Maharashtra and another [2011 KHC 4835] as Section 79 Cr.PC was not complied with, before proceeding against him as an absconding accused. Even otherwise, it was contended that considering the nature of offences alleged, further detention is not essential.
5. Sri.K.A.Noushad , learned Public Prosecutor opposed the grant of bail and contended that petitioner was all along absconding and that considering the said conduct, bail ought not to be granted.
6. I have considered the rival contentions.
7. Petitioner is alleged to have committed a serious offence.
However, taking into consideration the period of detention already undergone and also the vehement contention of the learned Counsel for the petitioner that petitioner had never absconded and that provisions of Section 79 of the Cr.PC was not complied with by the Investigating Officer, I am of the view that the continued detention of the petitioner is not essential. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not enter into the jurisdictional limits of Kunnamkulam Police Station, Thrissur District till the
conclusion of trial.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence .
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave India without the permission of
the Court having jurisdiction. In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court. BECHU KURIAN THOMAS JUDGE jm/ APPENDIX OF BAIL APPL. 8880/2022 PETITIONER ANNEXURES Annexure A TRUE COPY OF THE ORDER DATED 25.08.2022 IN C.M.P NO.2278/2022 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE, KUNNAMKULAM. Annexure B TRUE COPY OF THE ORDER OF DISMISSED DATED Annexure C TRUE COPY OF THE AFFIDAVIT DATED 31/10/2022 SWORN BY THE REGISTERED OWNER OF THE SAID AMBULANCE