The petitioner is the accused in Crime No.401/2014 of Bekal Police Station, Kasaragod District. The offence alleged is under section 376 of IPC.
2. The petitioner has been in custody since 15.05.2014. Considering the gravity of the offence, the learned Magistrate has rightly dismissed his application for bail.
3. The learned counsel for the petitioner points out certain factors which can be discerned from the complaint given by the complainant woman herself, which would show that she was married to another person and she had a child aged 5 years. According to her, she fell in love with the petitioner herein and the petitioner promising her, that he will marry her, had sexual intercourse with her from her own house and other places. It is pointed out that he used to go to her house when others were also there in that house and they were having free sexual relationship. It is seen from the statement that she went along with the accused to other places like Cheruvathoor, Kannur etc. In Mysore she stayed with the petitioner for two days. During all those days he had sexual intercourse with her. These factors, according to the learned counsel, would show that she had sex with the petitioner willingly.
4. I am not entering into the merits of the case.
Considering the totality of the facts and circumstances, period of detention already undergone by the petitioner and in view of the submission made on behalf of the petitioner that he will abide by any condition that may be imposed on him, the petitioner is granted bail with effect from 03.06.2014 subject to the following conditions:
(i) The petitioner shall execute a bond for Rs.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.
(ii) The petitioner shall make himself available for interrogation by the Investigating Officer and shall appear before the Investigating Officer on all Mondays and Fridays between 9.30 AM to 11.30 AM until further orders.
(iii) The petitioner shall surrender 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.
(iv) The petitioner will also file an 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.
(v) The petitioner shall not leave India without the prior permission of the learned Magistrate.
(vi) The learned Magistrate will also ensure the identity of the sureties by insisting production of electoral photo identity cards/Driving licence etc.
The passport will be produced and/or the affidavit mentioned earlier will be filed within 10 days from the date of release from jail.
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N.K. BALAKRISHNAN, JUDGE //True Copy// P.A. to Judge jjj