Muhammed Arsh vs State Of Kerala on 22 April, 2022

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Kerala High Court

Muhammed Arsh vs State Of Kerala on 22 April, 2022

Bench: Kauser Edappagath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
      FRIDAY, THE 22ND DAY OF APRIL 2022 / 2ND VAISAKHA, 1944
                      BAIL APPL. NO. 3020 OF 2022
   CRIME NO.511/2022 OF Muvattupuzha Police Station, Ernakulam
PETITIONER/S:

            MUHAMMED ARSH,AGED 19 YEARS
            SON OF FAISAL K M,KALLUVETTIKUZHIYIL HOUSE,
            MULAVOOR VILLAGE,PEZHAKKAPILLY KARA,
            MUVATTUPUZHA, PIN - 686673
            BY ADV AJEESH M UMMER


RESPONDENT/S:

            STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, PIN - 682031
            BY PUBLIC PROSECUTOR SRI.M.C.ASHI


     THIS   BAIL   APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
22.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3020 OF 2022              2

                                 ORDER

This is an application filed u/s 439 of Code of Criminal Procedure seeking regular bail.

2. The petitioner is the accused in Crime No.511/2022 of Muvattupuzha Police Station. The offences alleged are under Sections 363, 376(1) and 376(2)(n)of Indian Penal Code and Sections 4(2), 3(a), 6(1) and 5(I) of Protection of Children from Sexual Offences Act.

3. The prosecution case in short is that the petitioner, by giving false promise of marriage, enticed the victim aged 17 years and committed rape on her on a day in March 2021 in a place named Poyalimala and it was repeated on 23.02.2022 in a building at Cherai and thereby committed the offence.

4. Heard both sides and perused the case diary.

5. The learned counsel for the petitioner submitted that the petitioner is absolutely innocent and he has been falsely implicated in the BAIL APPL. NO. 3020 OF 2022 3 present case. He further submitted that there are no materials to connect the petitioner with the alleged crime and hence he is entitled to get bail. The learned Public Prosecutor opposed the bail application. He contended that the alleged incident occurred as a part of the intentional criminal acts of the petitioner.

6. Perusal of the case diary would reveal that prima facie there are materials on record to connect the petitioner with the crime. However, the petitioner was remanded to judicial custody on 25.02.2022. In view of the nature of the crime and the stage of investigation, I do not find any reason to hold that the continued detention of the petitioner is required for any purpose. There is no allegation of penetrative sexual assault. Investigation is over and final report is filed. For all these reasons, the petitioner is entitled to be released on bail on conditions.

In the result, the application is allowed on the following conditions:-

BAIL APPL. NO. 3020 OF 2022 4

(i) The petitioner shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall not commit any offence of like nature while on bail.

(iii)The petitioner shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(iv) The petitioner shall not leave State of Kerala without the permission of the trial Court.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE sd

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