This is an application filed by accused Nos. 2 and 3 in Crime No.210/2014 of Vidyanagar Police Station, Kasaragod District, for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in a nut shell was that, on 22.03.2014, the defacto-complainant was forcibly taken to the flat owned by first accused at Alampady located in Muttathody Village and she was made to believe that, the identity card will be issued to her and on that pretext she was subjected to sexual intercourse by the accused persons and thereby all of them have committed the offence punishable under Section 376(D) of the Indian Penal Code. It is also alleged that the nude photographs of the victim were taken and they were threatening her by stating that, it will be spread through internet.
3. The counsel for the petitioners submitted that, the petitioners have not committed any offence and they are innocent of the same and they have falsely implicated in the case. In fact the defacto-complainant was also an accused along with the petitioners in Crime No.321/2014 of Kasaragod Police Station and in order to escape from the same, these petitioners were falsely implicated in this case. They were arrested in connection with Crime No.321/2014 on 26.03.2014 and thereafter they were formally arrested for this case on 23.04.2014, and in fact they have been in jail from that day onwards in connection with this case.
4. The application was opposed by the learned Public Prosecutor on the ground that, investigation is not over and the first accused is yet to be arrested.
5. Heard both sides.
6. It is an admitted fact that, on the basis of the statement given by the defacto-complainant, the Prosecuterix, Crime No.210/2014 of Vidyanagar Police Station was registered against the petitioners and others, alleging commission of the offence under Section 376(D) of the Indian Penal Code. It is also an admitted fact that petitioners were also involved in crime No.321/2014 of Kasaragod police station, alleging offences under Section 327 and 319 of the Indian Penal Code and they were arrested in connection with that case on 26.03.2014 and while they were in custody, their arrest was recorded in connection with this case on 24.04.2014 and then remanded for the purpose of this case as well. So in fact they are in jail from 24.04.2014 in connection with this cime.
7. It is true that first accused has not been arrested. It is also seen from the documents produced by the petitioners that the petitioners were granted bail in Crime No.321/2014 by this court as per order in Bail application No.3490/2014 and 3015/2014 dated 26.05.2014 and 22.05.2014 respectively. They are in jail for the past 60 days now. It is not known as how much time it will take for the investigation to complete. It is true that offence against women are increasing, but that cannot be a ground for detaining an accused in jail for larger period, if his custody is not required. Merely because, one of the accused person is not arrested is not a ground for denying the bail as well, if the custody of the petitioners is not required in connection with the investigation. So considering the circumstances and also considering the period of pre-trial detention of the petitioners, this court feels that the petition can be allowed and bail can be granted to the petitioners with some stringent conditions. So the application is allowed with following conditions:
i. The petitioners shall be released on bail on executing a bond for ₹50,000/- (Rupees Fifty thousand only) each with two solvent sureties for the like sum each to the satisfaction of the Judicial First Class Magistrate Court-I, Kasaragod.
ii. The petitioners shall appear before the investigating officer for the purpose of interrogation on all Mondays and Saturdays of every month between 9.00 a.m and 10.00 a.m for a period of three months and thereafter on the last Saturday of every month between the same timings, till the final report is filed.
iii. Petitioners shall appear before the investigating officer for the purpose of interrogation in connection with the above case as and when required in writing to do so, till the final report is filed.
iv. The petitioner shall not intimidate or influence the witnesses.
v. Petitioners are directed to surrender their passport within one week from the date of release before the Judicial First Class Magistrate Court-I, Kasaragod and if they are not having any passport, then file an affidavit to that effect before that court, within that time.
vi. The petitioner shall not leave State of Kerala without getting prior permission either from the Judicial First Class Magistrate-I, Kasaragod, or from the court to which the case will committed for trial, till the disposal of the case.
With the above conditions the application is allowed.
Sd/-
K. Ramakrishnan, Judge // TrueCopy// P.A. to Judge ss