The petitioner who is the 2nd accused in Crime No.1396/2014 of Varkala Police is the applicant herein seeking the grant of regular bail by invoking the jurisdiction under section 439 of the Code of Criminal Procedure. The offences alleged in the afore mentioned crime are those under sections 366, 366(A), 376(D) of Indian Penal Code and sections 3(a) and 4 of Protection of Children from Sexual Offences Act.
2. The petitioner claims that he is innocent of all the allegations raised against him in the aforesaid crime and he has been falsely implicated in the crime and he has been in judicial custody since 17.08.2014. Sri.M.L. Suresh Kumar, learned counsel appearing for the petitioner would submit that accused no.11 in this crime has already been granted regular bail in this case as per Order dated 30.09.2014 passed by this Court in B.A. 6504/2014, since the said accused no.11 was arrested on 17.08.2014. The said order was passed mainly on the ground that accused no.11 had suffered custodial detention since 17.08.2014 and since he had suffered detention for more than 42 days in that case. But the learned Public Prosecutor would submit that in that case there was no allegation that accused no.11 had committed rape on a minor girl and that in this case the petitioner is alleged to have committed rape on not only a lady aged 24 years but also on a minor girl aged 16 years. Sri. M.L. Suresh Kumar, the learned counsel for the petitioner, would submit that further custodial detention of the petitioner is not necessary for the purpose of investigation in this case as the petitioner has been under judicial custody for the last 53 days.
3. The learned Public Prosecutor would submit that though four other accused are absconding, the investigation as regards the role of this petitioner is almost over and he further urges that if this court is inclined to grant regular bail to the petitioner, sufficient conditions may be imposed to safeguard and protect the interest of the prosecution.
4. Having heard the learned counsel for the petitioner and the learned Public Prosecutor and after careful evaluation of the facts and circumstances of the case, I am inclined to grant regular bail to the petitioner as he has been in judicial custody since 53 days, from 17.08.2014 and his further custodial detention may not really be necessary, keeping in view the crucial aspect that the investigation as regards the role of the petitioner is almost over. Accordingly, the 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 amount to the satisfaction of the Court below concerned and subject to the following conditions:
i. The petitioner shall surrender his passport, if any, before the Court below concerned at the time of executing the bail bond and if he is not a passport holder, then he will file an affidavit to that effect in the said court. If the petitioner requires his passport for travel abroad, he is at liberty to approach the local court concerned for the release of the same and for necessary permission in that regard. In case such an application is filed, the Sessions Judge is at liberty to consider the same on merits and pass appropriate orders thereon, taking sufficient guidance from the principles laid down by this Court in the case Asok Kumar v. State of Kerala reported in 2009(2) KLT 712, not withstanding the above said conditions imposed by this Court.
ii. The petitioner shall report before the Investigating Officer in Crime No.1396/2014 of Varkala 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 the evidence in any manner whatsoever.
v. The petitioner shall fully co-operate with the investigation and report before the aforementioned Investigating Officer as and when required by him.
If the petitioner violates any of the conditions as ordered above, then the bail granted to him is liable to be cancelled.
In terms of the above said directions, this Bail Application stands finally disposed of.
Sd/- ALEXANDER THOMAS, JUDGE //True Copy// P.A. To Judge jjj