The court stressed that while serious charges exist, the time spent in custody and proper bail conditions can justify granting bail.

ORDER

This is an application seeking regular bail filed under Section

439 of the Code of Criminal Procedure, 1973 .

2. Petitioner is the sole accused in Crime No.478/2022 of Aranmula Police Station, Pathanamthitta District, The offence alleged against the petitioner are under Sections 341 , 354, 354B and 511 of 376(2)(1) of the Indian Penal Code, 1860 and Section 92 (b) of Rights of Persons with Disabilities Act, 2016 .

3. According to the prosecution, the accused attempted to commit penetrative sexual assault on a victim aged 21, who is mentally retarded, and dragged her through a lane after covering her mouth and after forcefully removing her trousers, attempted to rape her and thereby committed the offences alleged.

4. Sri.Gerry Douglas, learned Counsel for the petitioner contended that the entire prosecution allegations are false and that the incident as alleged had not occurred. It was also submitted that petitioner was arrested on 01.07.2022 and has been in custody since then. According to the learned Counsel, petitioner is willing to abide by any conditions that may be imposed upon him.

5. Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature, and that even though the final report was filed and the case is now pending before the committal court, releasing the petitioner would cause prejudice to the investigation.

6. I have considered the rival contentions.

6. Having regard to the nature of allegations and also the period of detention already undergone, I am of the view that petitioner can be released on bail on the following conditions:-

(a) Petitioner shall be released on bail on him executing 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.

(d) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.

BECHU KURIAN THOMAS JUDGE jm/

APPENDIX OF BAIL APPL. 10238/2022 PETITIONER ANNEXURES Annexure1 ORDER DATED 05/12/2022 OF HON'BLE JUDICIAL FIRST CLASS MAGISTRATE-I COURT, PATHANAMTHITTA IN CRL MP NO. 5144/2022 IN CP NO. 58/2022