Mahesh vs The State Of Kerala
2021 Latest Caselaw 17247 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE SHIRCY V.
    FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                    BAIL APPL. NO. 5857 OF 2021
    AGAINST THE ORDER/JUDGMENT IN CMP 1477/2021 OF JUDICIAL
         MAGISTRATE OF FIRST CLASS , PATTAMBI, PALAKKAD


PETITIONER/ACCUSED NO.2 :-

            MAHESH
            AGED 26 YEARS
            SLO,LATE MURALEEDHARAN,
            KELANCHERY HOUSE, THATTANPADI HOUSE,
            EDAPPAL P.O, MALAPPURAM DISTRICT.

            BY ADV K.RAKESH



RESPONDENTS/STATE & COMPLAINANT :-

    1       THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            KOCHI-682 031.

    2       THE STATION HOUSE OFFICER
            THRITHALA POLICE STATION,
            PALAKKAD DISTRICT-679 534



            C.N.PRABHAKARAN- SR.P.P




     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
13.08.2021, ALONG WITH Bail Appl..6075/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NOs. 5857 & 6075 OF 2021
                                2

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE SHIRCY V.
   FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                 BAIL APPL. NO. 6075 OF 2021
   AGAINST THE ORDER/JUDGMENT IN CMP 1476/2021 OF JUDICIAL
        MAGISTRATE OF FIRST CLASS , PATTAMBI, PALAKKAD


PETITIONER/ACCUSED NO.1 :-

          AJITH P.B.,
          AGED 23 YEARS
          S/O. LATE BALAN, PERUMBILAVIL HOUSE,
          THAIKKAD, VATTAMKULAM P.O.
          MALAPPURAM DISTRICT.

          BY ADV K.RAKESH


RESPONDENTS/STATE,COMPLAINANT & VICTIM :-

    1     THE STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM 682 031.

    2     THE STATION HOUSE OFFICER
          THRITHALA POLICE STATION,
          PALAKKAD DISTRICT 679 534.

    3     XXXX


          BY ADVS.
          K.RAKESH
          A.HAROON RASHEED




     THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
13.08.2021, ALONG WITH Bail Appl.5857/2021, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NOs. 5857 & 6075 OF 2021
                                 3

                               ORDER

Application for regular bail.

2. The petitioner in B.A.No.6075 of 2021 is the

first accused in Crime No.361 of 2021 of Thrithala

Police Station and the petitioner in B.A.No.5857 of

2021 is the second accused in the said crime

registered for the offences punishable under Sections

376(2)(n) and 370 r/w Section 34 of the Indian Penal

Code.

3. The prosecution case is that on 14.12.2019

the first accused had taken the defacto complainant

to a tourist home at Guruvayoor and committed rape on

her and later on 24.06.2021 also they together went

to a lodge at Angamaly and he had committed rape on

her. The defacto complainant has accompanied the

petitioner believing the false promise given by him

that he would marry her on a subsequent date. The

second accused has dropped the defacto complainant at

the residence of the first accused and thus aided him

and helped him to commit rape upon the defacto BAIL APPL. NOs. 5857 & 6075 OF 2021

complainant. Thereby they have together committed the

aforesaid offences.

4. The petitioners have been in custody since

23.07.2021.

5. Heard the learned counsel for the petitioners

as well the learned Public Prosecutor.

6. According to the learned counsel for the

petitioners the defacto complainant and the first

accused are in love and they have decided to get

married soon. Her parents have also agreed for the

same. But due to some misunderstanding she had

preferred this complaint and thus he has been falsely

implicated in the case. But now the entire disputes

between the parties have been settled and both

families agreed for the marriage and they have

decided to marry immediately after his release on

bail. It is also pointed out by the learned counsel

for the petitioners that in fact there is no specific

allegation against the second accused. But still he

is also undergoing incarceration.

7. The learned Public Prosecutor has submitted BAIL APPL. NOs. 5857 & 6075 OF 2021

that the investigation is practically over and the

prosecution could able to submit the final report

without further delay.

Having regard to the nature of the accusation

levelled against these petitioners/accused and the

other facts and circumstances involved in this case,

I think that further detention of these petitioners

in judicial custody may not be necessary for the

investigating agency to submit the final report as

the investigation is practically over. Hence, I am

inclined to release them on bail subject to the

following conditions :-

(i) The petitioners shall be released on bail on his executing a bond for a sum of Rs.1,00,000/- (Rupees one lakh only) each with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) They shall also appear before Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioners shall 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.

BAIL APPL. NOs. 5857 & 6075 OF 2021

v) The petitioners shall not commit any offence while on bail.

In case of violation of any of the

above conditions, the learned Magistrate is

empowered to cancel the bail in accordance with

the law.

Sd/-

SHIRCY V.

JUDGE SMA