The sole accused in Crime No.1157/2010 of Pathanamthitta police station has filed this application for regular bail under Section 439 of the Code of Criminal Procedure. 2. The case of the prosecution in nutshell was that in the month of November, 2009, from the temporary shed in block No.3 of Chengara estate agitation land, the accused had foreable intercourse with the prosecutrix without her consent and thereby, he had committed the offence punishable under Section 376 of Indian Penal Code.
3. The counsel for the petitioner submitted that she filed complaints before the Anjal police station as well as before Women Cell, Pathanamthitta and he was summoned and he appeared before those authorities, but, he was not arrested but subsequently when he came to know that a case has been registered against him, he surrendered before the investigating officer on 13.10.2014 and he has been remanded to custody and he is in jail from that day onwards. In fact, investigation B.A.No.9061 of 2014 : 2 :
was completed and the case is now pending as S.C.No.585/2014 before the Principal Sessions Court, Pathanamthitta.
4. The Public Prosecutor opposed the application on the ground that though the incident happened in the year 2009 and the case was registered in the year 2010, he could be located only in the year 2014. So, the apprehension of the petitioner absconding cannot be ruled out. So, he prayed for dismissal of the application.
5. The case was registered on 08.10.2010 on the basis of the statement given by prosecutrix alleging that the incident occurred during November, 2009 from the shed constructed in connection with Chengara Bhoo Samaram and when she became pregnant. It is also seen from the file that the case was registered on the basis of a complaint filed by the prosecutrix before the Circle Inspector, Vanitha Cell, which was forwarded to Pathanamthitta Police Station. Further, Annexure A1 produced by the petitioner shows that the address of the petitioner was given at Anjal and his mobile number was also given. However, I am not at this stage going to the question as to whether the allegations are sufficient to attract the B.A.No.9061 of 2014 : 3 :
offence under Section 376 of Indian Penal Code or not or whether the allegations are genuine or not. Further, it is seen from the documents that he surrendered before the investigating officer on 13.10.2014 and thereafter, he was arrested and he is in jail from that day onwards. It is also seen from the records that the investigation of the case was over and final report filed it was taken on file as C.P.No.133/2014 before the Judicial First Class Magistrate Court, No-I, Pathanamthitta and it was committed to the Sessions Court and now pending as S.C.No.585/2014 before the Principal Sessions Court, Pathanamthitta and it was not made over to any other court as elicited from the submissions made by the Counsel for the petitioner.
6. The Counsel for the petitioner submitted that he is prepared to provide a surety from Pathanamthitta so as to ensure his presence and he will abide by any condition imposed by this court. It is not known as to how much time it will take for the trial of the case to complete. So, considering the fact that the investigation is over and he is residing in Kollam District and not in Pathanamthitta District where the incident happened, this court feels that bail can be granted to B.A.No.9061 of 2014 : 4 :
the petitioner with some stringent conditions. So, the application is allowed with following conditions:
i. The petitioner shall be released on bail on executing a bond for Rs.50,000/- with two solvent sureties, one of whom from Pathanamthitta District, for the like sum each to the satisfaction of the Principal Sessions Court, Pathanamthitta.
ii. The petitioner shall not intimidate or influence the witnesses.
iii. The petitioner shall surrender his passport if any with him before the Sessions Court, Pathanamthitta within one week from the date of his release and if he is not having any passport, then, file an affidavit to that effect before that court within the above time.
vi. The petitioner shall not leave State of Kerala without getting prior permission from the Principal Sessions Court, Pathanamthitta or from the court which the case will be made over for disposal by the Sessions Court till the disposal of the case.
With the above conditions, this application is allowed.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Bb [True copy] P.A to Judge