Kerala High Court
Rakesh Mp vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8522 OF 2025
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2025:KER:52558
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8522 OF 2025
CRIME NO.470/2005 OF KANNUR TOWN POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.172 OF 2022 OF FAST
TRACK SPECIAL COURT, KANNUR
PETITIONER(S)/ACCUSED:
RAKESH MP
AGED 45 YEARS
RAGI MANDIRAM (H), NEAR KMK THEATRE,
CHERUVATHUR VILLAGE, THIMIRI, KASARGOD,
PIN - 671310.
BY ADVS.
SRI.P.K.SUBHASH
SMT.JENI JOHN
RESPONDENT(S):
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
BY SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8522 OF 2025
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BECHU KURIAN THOMAS, J.
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B.A. No.8522 of 2025
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Dated this the 16th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.470/2025 of Kannur Town Police Station, Kannur District; registered for the offences punishable under Sections 366(A), 376 and 392 of the Indian Penal Code, 1860. The said case is now pending as S.C.No. 172/2022 on the files of the Fast Track Special Court, Kannur.
3. The prosecution case is that, on 03.09.2005 the accused had kidnapped the daughter of the defacto complainant, who was only 15 years and another girl and raped them at a hotel in Mysore and also robbed a gold ring belonging to the victim, and thereby committed the offences alleged.
4. Petitioner was initially arrested after 16 years from the registration of the crime. He remained aloof from the process of law all those years and was finally taken into custody on 16.12.2021. He was granted bail on 11.03.2022. While granting bail, it was directed that the petitioner shall continue to appear and cooperate with the trial of the case. However, in BAIL APPL. NO. 8522 OF 2025 3 2025:KER:52558 violation of the conditions imposed therein, petitioner absconded again and later his bail was cancelled and he was arrested on 10.06.2025. Petitioner has been in custody since then.
5. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
6. Petitioner had, in violation of the conditions of bail, absconded that too in a case which was registered in the year 2005. He was absconding for 16 years, and after great difficulty he was arrested; but, he absconded again. The conduct of the petitioner does not inspire confidence in this Court. However, the learned counsel appearing on behalf of the petitioner vehemently submitted that any condition can be imposed to ensure his presence during trial. It was also pointed out that the first accused has, after trial, been acquitted, and therefore, continuation of the trial is merely a formality as the petitioner has every chance of being acquitted.
7. Though the allegations are serious, considering the nature of allegations, I am of the view that this bail application can be allowed on strict conditions.
8. In the result, this application is allowed on the following conditions:-
(a) Petitioner shall be released on bail on him executing a bond for Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.
(b) Petitioner shall co-operate with the trial of the case.
(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he attempt to tamper with the evidence.
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(d) Petitioner shall physically be present before the trial court on every posting dates.
(e) Petitioner shall file an affidavit, before the court having jurisdiction, specifically mentioning the mobile phone number, and permanent address of the petitioner.
(f) Petitioner shall not commit any similar offences while he is on bail.
(e) Petitioner shall not leave the State of Kerala without the permission of the jurisdictional Court, until conclusion of the trial.
In case of violation of any of the above conditions, or if any modification or deletion of the conditions are required, the jurisdictional Court shall be empowered to consider such applications, if any, and pass appropriate orders in accordance with law, notwithstanding the bail having been granted by this Court.
sd/-
BECHU KURIAN THOMAS JUDGE AMV/16/07/2025 BAIL APPL. NO. 8522 OF 2025 5 2025:KER:52558 APPENDIX OF BAIL APPL. 8522/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF ORDER IN CMP 236/2025 IN SC 172/2022 DATED 13-06-2025 OF SPECIAL JUDGE FAST TRACK COURT, KANNUR.
ANNEXURE A2 TRUE COPY OF THE ORDER IN BA NO. 928 OF 2022 DATED 11.03.2022 BY HON'BE HIGH COURT OF KERALA.