Kerala High Court
Muhammed Niyas vs State Of Kerala on 8 September, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 8TH DAY OF SEPTEMBER 2023 / 17TH BHADRA, 1945
BAIL APPL. NO. 7376 OF 2023
AGAINST THE ORDER/JUDGMENT CMP 4863/2023 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -I, PERINTHALMANNA
PETITIONER:
MUHAMMED NIYAS, AGED 27 YEARS, S/O. HYDROS
VARAMANGALATH HOUSE, KONDOORKKARA, PATTAMBI, PALAKKAD,
PIN - 679306
BY ADVS.
SRUTHY K.K
M.REVIKRISHNAN
P.VIJAYA BHANU (SR.)
P.M.RAFIQ
AJEESH K.SASI
SRUTHY N. BHAT
RAHUL SUNIL
NIKITA J. MENDEZ
RESPONDENT:
STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH
COURT OF KERALA, PIN - 682031
OTHER PRESENT:
SRI. G SUDHEER (PP)
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
08.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A. No.7376/2023 -2-
ORDER
The petitioner is the sole accused in Crime No.1110/2023 of Perinthalmanna
Police Station alleging commission of offence under Sections 376 and 506 of the
Indian Penal Code. Initially the said crime was registered in Thrithala Police Station
as Crime No.433/2023 and thereafter transferred to Perinthalmanna Police Station
and re-numbered as Crime No.1110/2023.
2. The allegation against the petitioner is that the petitioner had placed an
order for photo framing with the de facto complainant (who used to take orders for
photo framing through whatsaap and instagram). It is alleged that at the time of
handing over completed photo frame work to the petitioner, he threatened the de
facto complainant that he knows about her relationship with one Firoz and he will
disclose the relationship to everyone and thereby compelled the de facto
complainant to accompany him to his room and thereafter the de facto
complainant was taken to a lodge in a remote plate on the Perinthalmanna-
Valamcherry Road and she was subjected to rape on the basis of the aforesaid threat
held out by the petitioner.
3. The learned counsel appearing for the petitioner would submit that the
petitioner is totally innocent in the matter. It is submitted that identical crimes
containing identical allegations have been registered against 5 others at various
police stations in Malappuram, Kozhikode and Palakkad Districts. It is submitted
that the complaints are practically identical in nature containing the same set of
allegations. It is submitted that there is delay in registering the complaint in so far
as the case against the petitioner is concerned. It is submitted that the alleged
incident took place on 10 and 11 of May 2023 and the complaint was filed only on
26-06-2023. It is submitted that the only reason stated for delay in filing the
complaint is that the husband of the de facto complainant had discouraged her
from filing complaint. It is submitted that all other accused facing identical
allegations have been released on bail after about 10 or 15 days in custody. It is
submitted that the petitioner has been in custody from 17-08-2023 and there is no
need to continue the petitioner in custody.
4. The learned Public Prosecutor refers to the facts of the case and
submits that the allegations against the petitioner are serious. He submits that the
mere fact that similar complaints have been registered against others is no ground
(at this stage) to take the view that the complaint is a false complaint. It is
submitted that investigation is only progressing and therefore it may not be
conducive to release the petitioner on bail at this point of time. However, he
confirms that five other complaints containing almost similar allegations have been
registered at the instance of the de facto complainant in various police stations at
Palakkad, Kozhikode and Malappuram Districts.
5. Having heard the learned counsel appearing for the petitioner and the
learned Public Prosecutor, I am of the view that the petitioner can be granted bail
subject to conditions. The petitioner has already been in custody from 18-08-2023
and it may not be necessary to continue the petitioner in custody for the purposes of
completing the investigation. Therefore the petitioner can be granted bail subject to
strict conditions. Accordingly this bail application is allowed. The petitioner shall be
released on bail, subject to the following conditions:-
(i) The petitioner shall execute bond for a sum of Rs.50,000/- (Rupees fifty
thousand only) with two solvent sureties each for the like sum to the
satisfaction of the jurisdictional Court;
(ii) The Petitioner shall appear before the investigating officer in Crime
No.1110/2023 of Perinthalmanna Police Station, Malappuram on every
Saturday at 11 a.m until further orders;
(iii) The petitioner shall not attempt to interfere with the investigation, influence
or intimidate the de facto complaint or any witness in Crime No.1110/2023 of
Perinthalmanna Police Station, Malappuram;
(iv) The petitioner shall not involve in any other crime while on bail.
If any of the aforesaid conditions are violated, the investigating officer in
Crime No.1110/2023 of Perinthalmanna Police Station, Malappuram may file an
application before the jurisdictional Court for cancellation of bail.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF BAIL APPL. 7376/2023
PETITIONER ANNEXURES
Annexure 1 TRUE COPY OF THE FIR & FIS IN CRIME NO.433/2023 OF
THRITHALA POLICE STATION (NOW TRANSFERRED AND RE-
NUMBERED AS CRIME NO.1110/2023 OF PERINTHALMANNA
POLICE STATION)
Annexure 2 TRUE COPY OF THE ORDER DATED 18-08-2023 IN CMP NO.
4863 OF 2023 OF THE JUDICIAL FIRST-CLASS MAGISTRATE
COURT - I, PERINTHALMANNA
Annexure 3 TRUE COPY OF THE FIR& FIS IN CRIME NO.430/2023 OF
THRITHALA POLICE STATION
Annexure 4 A TRUE COPY OF THE FIR& FIS IN CRIME NO.431/2023 OF
THRITHALA POLICE STATION
Annexure 5 TRUE COPY OF THE FIR& FIS IN CRIME NO.432/2023 OF
THRITHALA POLICE STATION
