Petitioner is the accused in Crime No.926/2014 of Kundara Police Station, Kollam District. The offences alleged against him are punishable under Secs.452, 506(ii) and 376 of IPC. The victim is a married woman aged 44 years. His son is stated to be employed abroad. The accused is stated to be aged only 30 years.
2. It is alleged that the accused at first trespassed into the bathroom of the de facto complainant while she was taking bath. On that day he was warned. Later, again he trespassed into her house another day and by putting her in fear of exposing her nude videos in the Internet, he had sexual intercourse with her. Further threatening by showing a beer bottle, it is stated that, the accused had sexual intercourse with her again.
3. Learned counsel for the petitioner submits that on perusal of the statement itself would show that there is incredible in it.
4. Petitioner has been in custody from 5.5.2014.
5. Considering all the aspects, the petitioner is granted bail subject to the following conditions:
a. The accused shall execute a bond for ₹50,000/-
(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the learned Magistrate. If in case the Magistrate has any doubt about the genuineness or correctness of the tax receipts produced by the sureties, the learned Magistrate can insist for production of the attested photo copies of the original title deeds of the sureties.
b. The accused shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays between 9.30 AM to 11.30 AM until further orders.
c. The accused shall produce his original passport before the learned Magistrate. If he is not having any valid passport, he should file an affidavit regarding the same before the Magistrate.
d. The accused will also file affidavit that he will abide by all the conditions as mentioned above and that he will not commit any offence similar to the offence involved in this case and will 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 or tamper with the evidence.
e. The accused shall not leave India without permission of the court.
f. The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
Sd/- N.K.BALAKRISHNAN, JUDGE.
//TRUE COPY// P.A. TO JUDGE Jvt