The main legal point established in the judgment is that the entitlement to statutory bail under Section 167(2)(a)(ii) of Cr.P.C is determined by the maximum punishment that could be imposed under the relevant sections, and the interpretation of this provision should be liberal.

ORDER :

This Bail Application filed under Section 439 of Criminal Procedure Code was heard through Video Conference.

2. The petitioner is the accused in Crime No.584/2020 of Valiyamala Police Station, Thiruvananthapuram. The above case is registered against the petitioner alleging offences punishable under Sections 511 of 376 and 511 of 306 IPC.

3. The prosecution case is that the petitioner is a relative of the husband of the victim. The petitioner used to come to the defacto complainant's house and used to stay in that house occasionally. It is alleged that on 18.6.2020 the petitioner went to the house of the defacto complainant and stayed there till 4 pm. The prosecution's further case is that the petitioner left the house and came back at about 8.30 pm on that day and stayed in the house. On the next morning, at about 7 am when the husband of the defacto complainant left the house for his employment, the petitioner came out of the room and tried to commit rape on the defacto complainant. The victim resisted the same. When the accused continued the attempt, the victim poured kerosene on her body and set fire. Therefore it is alleged that the petitioner committed the offence under Sections 511 of 376 and 511 of 306 IPC. The petitioner was arrested on 19.6.2020.

4. Heard the counsel for the petitioner and the learned Public Prosecutor.

5. The counsel for the petitioner submitted that the petitioner is entitled statutory bail under Section 167(2)(a)(ii) of Cr.P.C. The counsel submitted that the offence alleged against the petitioner is under Section 511 of 376 IPC. The counsel argued that as per Section 511 of IPC, if no express provision is made by the Code for the punishment of an attempt to commit an offence, the sentence that can be imposed is one half of the longest term of imprisonment for which he can be convicted for the main offence. According to the counsel, the maximum punishment that can be imposed under Section 376 IPC is life imprisonment. The counsel submitted that Section 57 of IPC says that in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years. The counsel submitted that the petitioner was arrested on 19.6.2020. Now 60 days over. The maximum punishment that can be imposed against the petitioner under Sections 511 of 376 IPC is ten years, and under Section 511 of 306 IPC is only five years. Therefore, the petitioner is entitled statutory bail under Section 167(2)(a)(ii) of Cr.P.C

6. The learned Public Prosecutor seriously opposed the bail application. Public Prosecutor submitted that the petitioner committed a heinous crime. The Public Prosecutor submitted that the petitioner is not entitled statutory bail. The Public Prosecutor submitted that the sentence that can be imposed under Section 376(2) IPC is rigorous imprisonment for a term which shall not be less than ten years but which may extend to imprisonment for life. The Public Prosecutor submitted that in Section 376(2) IPC, it is clearly stated that imprisonment for life means imprisonment for the remainder of that person's natural life. When such a specific clause is there under Section 376(2) IPC, the Public Prosecutor submitted that Section 57 of IPC is not applicable in the facts and circumstances of the case.

7. After considering the facts of the case, I am of the considered view that the petitioner is not entitled bail on the basis of the merit of the case. Prima facie, it is clear that the petitioner committed the offence under Section 511 of 376 IPC and under Section 511 of 306 IPC. The manner in which the petitioner committed the offence is also cruel and heinous.

8. The next point to be decided in this case is whether the petitioner is entitled statutory bail under Section 167(2)(a)(ii) Cr.P.C. For a proper consideration of the same, Section 167(2) of the Cr.P.C is extracted hereunder.

“167(1) xxxxxxx

(2) The Magistrate to whom an accused person is forwarded under this sectio