~~~~~~~ Petitioner herein is the accused in Crime No.843/2014 of Vilappilsala Police Station for offences under Sections 376 and 506(i) of Indian Penal Code. The crime has been registered on the basis of the information lodged by the de facto complainant alleging that she was subjected to sexual intercourse at her house by the accused on several occasions on promise of marriage and lastly on 15.6.2014. It is the case of the prosecution that the victim got acquainted with the accused through a mobile call about three years back and that when she insisted for marriage, the petitioner had turned against her and had intimidated her with fear by threatening that she will be torn off by piercing with knife etc. The First Information was lodged by the de facto complainant on 6.8.2014. The petitioner has been arrested on 14.8.2014 and and is now in judicial custody eversince then. It is in these circumstances, the petitioner has approached this Court, by filing this application seeking regular bail by taking resort to the remedy under Section 439 of the Code of Criminal Procedure. 2. Heard Sri. R.T.Pradeep, learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State.
3. Learned counsel for the petitioner strongly urged that the case has been falsely foisted against him by the de facto complainant and that even going by the version projected by the prosecutrix, none of the alleged offences would lie against him. Learned Public Prosecutor rebutted the above said pleas of the petitioner, but fairly submitted before this Court that more than 56 days have been elapsed since the custodial detention of the petitioner and that the investigation is almost over and that, if the Court is inclined to grant regular bail to the petitioner, the same may be done only with sufficient safeguards to protect the interest of the prosecution.
4. In the facts and circumstances of this case, I am inclined to take the view that since more than 56 days have been elapsed after the custodial detention of the petitioner, and as the investigation has almost been completed, the necessity for further custodial detention of the petitioner either for interrogation or for other purpose of the investigation, is not really warranted in the facts of this case. Accordingly, I am inclined to grant the prayer of the petitioner for regular bail, but subject to sufficient safeguards in order to protect the interest of the prosecution.
5. Accordingly, it is ordered that the petitioner shall be released on bail on his executing a bond for Rs.35,000/- (Rupees Thirty Five Thousand only) with two solvent sureties each for the like sum to the satisfaction of the Judicial First Class Magistrate Court, Kattakada, and subject to the following conditions:-
(i) The petitioner shall surrender his passport, if any, before the jurisdictional Magistrate at the time of executing the bail bond as aforesaid and if he is not the holder of a passport, he shall file an affidavit to that effect in the said court. If the petitioner requires his passport for travel abroad, he is free to approach the concerned court for the release of the same and in case such an application is filed, the trial court or the jurisdictional Magistrate concerned, as the case may be, is free to consider the same on merit and to pass appropriate orders thereon, taking sufficient guidance from the principles laid down by this Court in the case Asok Kumar v. State of Kerala [2009(2) KLT 712], notwithstanding the aforementioned condition imposed by this Court.
(ii) The petitioner shall report before the Investigating Officer in Crime No.843/2014 of Vilappilsala Police Station between 10 a.m. and 11 a.m. on every alternate Sundays.
(iii) The petitioner shall not interfere with the investigation in any manner
(iv) The petitioner shall not influence the witnesses or shall not tamper or attempt to tamper with the evidence in any manner whatsoever.
and v) The petitioner shall co-operate with the investigation and report before the Investigating Officer as and when required.
The Bail Application for regular bail stands allowed subject to the above mentioned terms and conditions.
Sd/-
ALEXANDER THOMAS, JUDGE.
ps/8/10/2014 //True copy// PA to Judge