Moosakoya vs The State Of Kerala
2021 Latest Caselaw 20509 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                      THE HONOURABLE MRS. JUSTICE M.R.ANITHA

           FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

                           BAIL APPL. NO. 7119 OF 2021

          CRIME NO.130/2018 OF AREACODE POLICE STATION, MALAPPURAM

AGAINST THE ORDER/JUDGMENT IN CRMP 1384/2021 OF JUDICIAL MAGISTRATE OF FIRST

                           CLASS-I,MANJERI, MALAPPURAM

PETITIONER/ACCUSED:

            MOOSAKOYA,
            AGED 57 YEARS
            S/O. IBRAHIM, KAKKUVEETIL HOUSE, NEAR CHANTHA GOVERNMENT
            HOSPITAL, AREACODE, MALAPPURAM DISTRICT.
            BY ADV K.RAKESH


RESPONDENTS/STATE & DEFACTO COMPLAINANT/VICTIM:

     1      THE STATE OF KERALA,
            REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA,
            ERNAKULAM, KOCHI 682 031.
     2      THE STATION HOUSE OFFICER
            AREACODE POLICE STATION, MALAPPURAM DISTRICT 673 639.
     3      XXXXX
            X
            BY ADV K.S.PRAVEEN


OTHER PRESENT:

            PP.C.N PRABHAKARAN



      THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 01.10.2021, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 B.A.No.7119 OF 2021

                                  2




                               ORDER

Petitioner is the sole accused in crime No.130/2018 of

Areacode Police Station, Malappuram, which is registered for the

offences punishable under Sections 376(2)(n) and 406 IPC.

2. It is alleged that while the defacto complainant was

living with her husband, on 23.06.2017 at about 11 hours the

accused, who came in search of her brothers, while she was

alone, forcefully committed rape upon her and upon promise of

marriage accused repeated the the act on several occasions and

the accused cheated the defacto complainant without marrying

her, thereby the accused committed the offfence aforementioned.

Petitioner was arrested on 03.09.2021

3. From the side of the respondents-State, copy of report

of the SHO, Areacode Police Station along with copy of FIR and

FIS has been produced.

4. Adv. Sri.K.S. Praveen appeared on behalf of the third

respondent - defacto complainant. It is reported that the matter

has been settled with the defacto complainant. He supported B.A.No.7119 OF 2021

the averments in Annexure-B agreement, duly sworn in by the

defacto complainant, produced from the side of the petitioner

and reported that presently she had married another man and is

living with him.

5. So taking into account the facts and circumstances of

the case and considering the period of confinement already

undergone by the petitioner, continued confinement of the

petitioner is not seems necessary. Hence, I am inclined to grant

bail to the petitioner subject to the following conditions:

(i) Petitioner shall execute bond for a sum of

Rs.30,000/- (Rupees thirty thousand only) with

two solvent sureties for the like sum each to the

satisfaction of the jurisdictional court.

(ii) He shall report before the investigating officer on

every Monday between 9.00 a.m and 11.00 a.m

for three months or until the Final Report is filed,

whichever is earlier.

(iii) He shall not try to contact or influence the

witnesses or tamper the with evidence.

(iv) He shall not involve in any crime during the

period on bail.

B.A.No.7119 OF 2021

If any of the above conditions are violated by the petitioner,

the jurisdictional court will be at liberty to cancel the bail in

accordance with law.

This Bail Application is allowed as above.

Sd/-

                                            M.R.ANITHA

shg                                           JUDGE