Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE M.R.ANITHA FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943 BAIL APPL. NO. 6789 OF 2021 CRIME NO.808/2021 OF KAYAMKULAM POLICE STATION, ALAPPUZHA AGAINST THE ORDER/JUDGMENT IN CMP 3634/2021 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, KAYAMKULAM, ALAPPUZHA PETITIONER/SOLE ACCUSED: SULPHI AGED 28 YEARS S/O.SUBAIRE, RUBY MANZIL, SOUTH OF M.S.M COLLEGE, KAYAMKULAM VILLAGE, PIN 690 502 BY ADVS. K.R.SUNIL KRISHNA SURESH AISWARYA VENUGOPAL RESPONDENT/COMPLAINANT: STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, KAYAMKULAM POLICE STATION, KAYAMKULAM REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682031 OTHER PRESENT: PP.CN.PRABHAKARAN.SR GP THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER
Petitioner is the sole accused in crime No.808/2021 of Kayamkulam Police Station, Alappuzha, which is registered for the offences punishable under Sections 450, 376(2)(n) of IPC and 66E of the Information Technology Act, 2000.
2. It is alleged that the accused with the intention of
having sexual intercourse with the defacto complainant while she was living separate from her husband he got acquainted with her promising to solve all the problems with the husband. Thereafter at her hosue 'Anshad Manzil' at Kayamkulam, he forcefully pulled her towards his body and took a photo in the mobile phone and thereby infringed her privacy and thereafter threatened her stating that he would send the photographs to her husband and thereafter trespassed into her house some-days in February, March, April and August in 2019 during daytime and committed rape upon her on several occasions. Thereafter he sent the photographs to her husband and relatives, thereby the accused committed the offences aforementioned.
3. Petitioner was arrested on 11.08.2021 thereafter he
has been under confinement. The learned counsel submitted that the petitioner is not involved in any other crime. The defacto complainant is a lady with two children.
4. The learned Public Prosecutor produced report of the
SHO. In the report, it has been stated that the investigation is pending and more evidence has to be collected. It is also stated that the investigation made so far revealed the commission of offence committed by the petitioner.
5. Taking into account the fact that the petitioner has
been under confinement from 11.08.2021 onwards and he is not involved in any other crime, I am of the view that continued confinement of the petitioner is not required in this case. Hence the petitioner is released on bail on the following conditions:
(i) Petitioner shall execute bond for a sum of Rs.30,000/- (Rupees thirty thousand only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional court.
(ii) The petitioner shall report before the investigating officer on every Monday between 9.00 a.m and 11.00 a.m for three months or until the Final Report is filed, whichever is earlier.
(iii) He shall not try to contact or influence the witnesses or tamper the with evidence.
(iv) He shall not involve in any crime during the
period on bail. If any of the above conditions are violated by the petitioner, the jurisdictional court will be at liberty to cancel the bail in accordance with law. This Bail Application is allowed as above. Sd/- M.R.ANITHA shg JUDGE