Kerala High Court
Jumli Jabbar vs State Of Kerala on 7 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
B.A.No.7838 of 2025 1
2025:KER:49880
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
BAIL APPL. NO. 7838 OF 2025
CRIME NO.784/2021 OF Guruvayoor Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.42 OF 2022 OF
JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
PETITIONER/ACCUSED NO.2:
JUMLI JABBAR, AGED 34 YEARS, S/O ABDULJABBAR,
KUNNATH VALAPPIL JAZ VILLA, PUNNAYUR,
CHAVAKKAD P.O., THRISSUR KERALA, PIN - 679562
BY ADVS.
SHRI.E.A.HARIS
SHRI.M.A.AHAMMAD SAHEER
SRI.MUHAMMED YASIL
SMT.AAGI JOHNY
RESPONDENT/STATE & COMPLAINANT:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
SMT. SREEJA V., PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.07.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
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B.A. No.7838 of 2025
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Dated this the 7th day of July, 2025
ORDER
This bail application is filed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the 2nd accused in Crime No.784 of 2021 of Guruvayur Police Station, Thrissur, registered for the offences punishable under Sections 323, 506(ii), 376(2)(I)(n), 376(D) r/w Section 34 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused 1 and 2 had committed rape on the victim during the period from 27.06.2019 till November, 2020 and thereby committed the offences alleged.
4. Heard Adv.E.A.Haris, the learned Counsel for the petitioner as well as Smt.Sreeja V., the learned Public Prosecutor.
5. The learned counsel for the petitioner submitted that the prosecution allegations are false and that petitioner has been falsely arrayed as an accused and, therefore, he may be granted anticipatory bail.
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6. The learned Public Prosecutor opposed the bail application and submitted that custodial interrogation is necessary.
7. Since petitioner was absconding, he was not arrested during the crime stage and a final report was filed. Subsequently the 1st accused was tried in S.C.No.748 of 2022 of the Fast Track Special Court, Chavakkad, and by judgment dated 29.02.2024 he was acquitted. In the order of acquittal the Special Court observed that the evidence given by PW1 is full of contradictions and discrepancies and PW1-the prosecutrix is untrustworthy. PW1 had raised allegations against the petitioner in the same complaint itself.
8. The learned Counsel for the petitioner submitted that, apart from the allegations being false, the de facto complainant herself had settled the matter and she is not interested to pursue the case any further. It was further submitted that petitioner is willing to face trial, however, in the meantime, despite the acquittal of the co-accused, if the petitioner is arrested, it will cause prejudice to him.
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9. The learned Public Prosecutor submitted that pursuant to the direction of this Court, the statement of the victim was taken and she stated that she has filed an affidavit and she stands by the contents of the affidavit and that she is also not interested in pursuing the matter any further.
10. In Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, 2020 (5) SCC 1, it was held that while considering whether to grant anticipatory bail or not, Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case. Grant of anticipatory bail is a matter of discretion and the kind of conditions to be imposed or not to be imposed are all dependent on facts of each case, and subject to the discretion of the court.
11. Since the 1st accused in the aforesaid crime has already been acquitted and since there are observations in the judgment in tune with the contentions of the petitioner, I am of the view that custodial interrogation of the petitioner is not necessary. However, he must subject himself to interrogation. B.A.No.7838 of 2025 5
2025:KER:49880 Accordingly, this application is allowed on the following conditions:
(a) Petitioner shall appear before the Investigating Officer on 15.07.2025 and shall subject himself to interrogation.
(b) If after interrogation, the Investigating Officer proposes to arrest the petitioner, then, he 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 before the Investigating Officer.
(c) Petitioner shall appear before the Investigating Officer as and when required and shall also co-operate with the investigation.
(d) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim.
(e) Petitioner shall not commit any similar offences while he is on bail.
(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.
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2025:KER:49880 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 sp/08/07/2025 B.A.No.7838 of 2025 7 2025:KER:49880 APPENDIX OF BAIL APPL. 7838/2025 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT DATED 18.01.2022 IN CRIME NO. 784 OF 2021 OF GURUVAYOOR POLICE STATION Annexure A2 TRUE COPY OF THE JUDGEMENT DATED 29.02.2024 IN S.C.NO.748/2022 ON THE FILES OF FAST TRACK SPECIAL COURT, CHAVAKKAD Annexure A4 A TRUE COPY OF THE DETAILS OF THE FLIGHT TICKET BOOKED BY THE PETITIONER