Kerala High Court
Abdul Rahman vs State Of Kerala on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
BAIL APPL. NO. 7727 OF 2022
CRIME NO.1899/2021 OF Kovalam Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT SC 262/2022 OF ADDITIONAL SESSIONS COURT.-
TRIAL OF ABKARI ACT CASES,NEYYATTINKARA
PETITIONER/ACCUSED:
ABDUL RAHMAN
AGED 24 YEARS
S/O PICHAKANNU,
HOUSE NO 247, TOWNSHIP COLONY, HARBOUR ROAD
VIZHINJAM VILLAGE, THIRUVANANTHAPURAM, PIN - 695042
BY ADV M.R.SASITH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682031
BY ADV PUBLIC PROSECUTOR
SRI.SUDHEER.G. - PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
BAIL APPL. NO. 7727 OF 2022
2
BECHU KURIAN THOMAS, J.
===========================
B.A.No. 7727 of 2022
============================
Dated this the 7th day of October, 2022
ORDER
This is an application seeking regular bail filed
under Section 439 of the Code of Criminal Procedure,
1973.
2. Petitioner is the sole accused in Crime
No.1899/2021 of the Kovalam Police Station,
Thiruvananthapuram, which is now pending
consideration as SC No.262/2022 before the Assistant
Sessions Court, Neyyattinkara. The crime was registered
for the offence punishable under Sections 450, 511 and
376 of the Indian Penal Code, 1860.
3. According to the prosecution, the accused
attempted to commit rape on the victim on 04.11.2021
after trespassing into her house and thereby committed
the offences alleged.
4. Shri.Sasith.M.R., the learned counsel for the
BAIL APPL. NO. 7727 OF 2022
petitioner contended that the prosecution allegations are
false and the incident as alleged had never occurred. It
was also submitted that petitioner was arrested on
05.11.2021 and that his continued detention is not
essential for the purpose of the case.
5. Shri.Sudheer.G., the learned Public Prosecutor
opposed the grant of bail and contended that petitioner
has several criminal antecedents against him, including
offences under the Abkari Act, NDPS Act and a
proceeding under Section 107 of the Cr.P.C. has also
been initiated against him.
6. I have perused the statement of the victim
and have also considered the rival contentions. Even
though the allegation against the petitioner are serious
in nature, and despite the petitioner having several
criminal antecedents, I am of the view that since the
petitioner has been in custody from 05.11.2021, his
continued detention is not essential for the purpose of
the prosecution. Having regard to the nature of the
BAIL APPL. NO. 7727 OF 2022
allegations, it is essential to protect the victim involved
in the case.
7. Accordingly, I allow the application 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.
(d) Petitioner shall not commit any similar
offences while he is on bail.
(e) Petitioner shall not leave the country
without the permission of the jurisdictional
Court.
In case of violation of any of the above conditions,
the jurisdictional Court shall be empowered to consider
the application for cancellation, if any, and pass
BAIL APPL. NO. 7727 OF 2022
appropriate orders in accordance with the law,
notwithstanding the bail having been granted by this
Court.
BECHU KURIAN THOMAS
JUDGE
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