Kerala High Court
Rakesh Mp vs State Of Kerala on 16 July, 2025
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
BAIL APPL. NO. 8522 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 16TH DAY OF JULY 2025 / 25TH ASHADHA, 1947
BAIL APPL. NO. 8522 OF 2025
CRIME NO.470/2005 OF KANNUR TOWN POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.172 OF 2022 OF FAST
TRACK SPECIAL COURT, KANNUR
PETITIONER(S)/ACCUSED:
RAKESH MP
AGED 45 YEARS
RAGI MANDIRAM (H), NEAR KMK THEATRE,
CHERUVATHUR VILLAGE, THIMIRI, KASARGOD,
PIN - 671310.
BY ADVS.
SRI.P.K.SUBHASH
SMT.JENI JOHN
RESPONDENT(S):
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031.
BY SRI. PRASANTH M.P, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 16.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
BAIL APPL. NO. 8522 OF 2025
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BECHU KURIAN THOMAS, J.
......................................................
B.A. No.8522 of 2025
...................................................
Dated this the 16th day of July, 2025
ORDER
This bail application is filed under Section 483 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short 'BNSS').
2. Petitioner is the accused in Crime No.470/2025 of Kannur Town Police
Station, Kannur District; registered for the offences punishable under
Sections 366(A), 376 and 392 of the Indian Penal Code, 1860. The said
case is now pending as S.C.No. 172/2022 on the files of the Fast Track
Special Court, Kannur.
3. The prosecution case is that, on 03.09.2005 the accused had kidnapped
the daughter of the defacto complainant, who was only 15 years and
another girl and raped them at a hotel in Mysore and also robbed a gold
ring belonging to the victim, and thereby committed the offences
alleged.
4. Petitioner was initially arrested after 16 years from the registration of the
crime. He remained aloof from the process of law all those years and
was finally taken into custody on 16.12.2021. He was granted bail on
11.03.2022. While granting bail, it was directed that the petitioner shall
continue to appear and cooperate with the trial of the case. However, in
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violation of the conditions imposed therein, petitioner absconded again
and later his bail was cancelled and he was arrested on 10.06.2025.
Petitioner has been in custody since then.
5. Heard the learned counsel for the petitioner as well as the learned Public
Prosecutor.
6. Petitioner had, in violation of the conditions of bail, absconded that too
in a case which was registered in the year 2005. He was absconding for
16 years, and after great difficulty he was arrested; but, he absconded
again. The conduct of the petitioner does not inspire confidence in this
Court. However, the learned counsel appearing on behalf of the
petitioner vehemently submitted that any condition can be imposed to
ensure his presence during trial. It was also pointed out that the first
accused has, after trial, been acquitted, and therefore, continuation of
the trial is merely a formality as the petitioner has every chance of being
acquitted.
7. Though the allegations are serious, considering the nature of allegations,
I am of the view that this bail application can be allowed on strict
conditions.
8. In the result, this application is allowed 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.
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(d) Petitioner shall physically be present before the trial court on
every posting dates.
(e) Petitioner shall file an affidavit, before the court having
jurisdiction, specifically mentioning the mobile phone number,
and permanent address of the petitioner.
(f) Petitioner shall not commit any similar offences while he is on
bail.
(e) Petitioner shall not leave the State of Kerala without the
permission of the jurisdictional Court, until conclusion of the
trial.
In case of violation of any of the above conditions, or if any modification
or deletion of the conditions are required, the jurisdictional Court shall
be empowered to consider such applications, if any, and pass appropriate
orders in accordance with law, notwithstanding the bail having been
granted by this Court.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/16/07/2025
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APPENDIX OF BAIL APPL. 8522/2025
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF ORDER IN CMP 236/2025 IN SC
172/2022 DATED 13-06-2025 OF SPECIAL JUDGE
FAST TRACK COURT, KANNUR.
ANNEXURE A2 TRUE COPY OF THE ORDER IN BA NO. 928 OF 2022
DATED 11.03.2022 BY HON'BE HIGH COURT OF
KERALA.
