Kerala High Court
Thufail.H.M vs The Station House Officer on 29 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
TH
THURSDAY, THE 29
DAY OF FEBRUARY 2024 / 10TH PHALGUNA,
1945
BAIL APPL. NO. 1159 OF 2024
CRIME NO.724/2020 OF Bekal Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT DATED IN CMP NO.6258 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDRUG
PETITIONER/2ND ACCUSED:
HUFAIL.H.M, AGED 37 YEARS S/O.HASSAINAR, KIZHAKKEKARA
T
HOUSE, UDUMA PADINHAR, UDUMA VILLAGE, KASARAGOD
DISTRICT, PIN - 671319
BY ADVS. SUNNY MATHEW ANOOJ.J
RESPONDENTS/COMPLAINANT & STATE:
1
HE STATION HOUSE OFFICER, BEKAL POLICE STATION ,
T
KASARAGOD, PIN - 671318
2
HE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH
T
COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682031
BY SRI.RENJITH GEORGE - SR.PP
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 29.02.2024,
HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T
B.A.NO.1159 OF 2024
2
O R D E R
Dated this the 29th day of February, 2024
This is an application for regular bail under
Section439oftheCodeofCriminalProcedure,1973filedby
the 2nd accused in Crime No.724 of 2020 of Bekal Police
Station, Kasaragod, registered under Sections 376(2)(n),
506(i) and 109 of Indian Penal Code.
2. The prosecutionallegationisthatthe1staccused
committed rape on the defacto complainant by threatening
her that he had seen the video of the victim doing sexual
intercourse with the petitioner herein, andhewouldshowit
toherhusband. Thepetitionerhereininstigatedthedefacto
complainant to have sexual intercourse with the 1st accused.
3. Heard learned counsel for the petitioner and
learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail
application.
5. Learned counsel for the petitioner would submit
B.A.NO.1159 OF 2024
3
that there is no allegation in this crime that the petitioner
committedrapeonthedefactocomplainant. Hercaseisthat
the 1st accused threatened her saying that he hadseenthe
video of the defacto complainant having sexual intercourse
with the petitioner, and moreover the petitioner also
instigated her to have sexual intercourse with the 1st
accused.
6. Learned counsel for the petitioner pointed out
that the defacto complainant was making contradictory
statements in her F.I.Statements given in crime No.468 of
2020 as well as in crime No.724of2020,regardingthefirst
incident of rape committed by the petitioner herein. Those
statementsaresufficientenoughtoshowthatthesexualacts
alleged were only consensual. Thedefactocomplainantwas
residing with her parents in law andfamily,andtheincident
occurred at her bedroom, and she was admitting that she
was keeping the door of her bedroom open as instructedby
the accused persons.
7. Learned Public Prosecutor, on instructions,
B.A.NO.1159 OF 2024
4
submitted that the investigation is over and final report has
been filed, and committal proceedings are pending. The
petitioner was arrested in crime No.468 of 2020 on
26.10.2023 and his formal arrest was recordedinthiscrime
on 07.11.2024. He is ready to abide by any conditions
imposed by this Court. In such circumstances, this Courtis
inclined to allow this application on the following terms:-
i. The petitioner shall be released on bail on
executing bond for Rs.1,00,000/- (RupeesOne
Lakh only) with two solvent sureties each for
the like sum to the satisfaction of the trial
court.
ii. Thereafter,thepetitionershallnotenterthe
limits of Bekal Police Station, except with the
orders of the trial court, till the trial is over.
iii. Thepetitionershallnotcontactthevictimor
her family members, and shall not cause any
kind of harassment to them, either directly or
indirectly.
B.A.NO.1159 OF 2024
5
iv. The petitioner shall not influence or
intimidate the witnesses and shall not tamper
with the investigation.
v. The petitioner shall not leave the limits of
State of Kerala without getting prior sanction
from the trial court.
vi. The petitioner shall not commitanyoffence
while on bail.
vii. In case of violation of any of these
conditions, the trial court is empowered to
cancel his bail, in accordance with law.
d/-
S
SOPHY THOMAS
JUDGE
SSK/29/02
B.A.NO.1159 OF 2024
6
APPENDIX OF BAIL APPL. 1159/2024
PETITIONER ANNEXURES
Annexure -A1
CERTIFIED
COPYOFTHE
ORDER
DATED22.12.2023AS
C.M.P
NO.6258/2023
IN
C.P.NO.102/2023
PASSED
BY
THE
COURT
OF THE JUDICIAL FIRST CLASS MAGISTRATE-LL, HOSDURG
