IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE SOPHY THOMAS TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 BAIL APPL. NO. 476 OF 2024 CRIME NO.439/2018 OF Oonnukal Police Station, Ernakulam PETITIONER/ACCUSED :

MANU, AGED 33 YEARS S/O.SARADA, MADATHIL HOUSE, NERIAMANGALAM, OONNUKAL, ERNAKULAM, PIN - 686693 BY ADVS. D.FEROZE T.S.KRISHNENDU JANET VARGHESE ADARSH A.

RESPONDENT(S)/COMPLAINANT :

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 STATION HOUSE OFFICER, OONNUKAL POLICE STATION, ERNAKULAM DISTRICT, PIN - 686693 OTHER PRESENT:

SR.PP-SRI.VIPIN NARAYANAN THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This is an application for regular bail under Section

439 of the Code of Criminal Procedure filed by the sole accused in Crime No.439 of 2018 of Oonnukal Police Station, Ernakulam, registered under Sections 450 and 376(2)(l) of the Indian Penal Code, which is now pending before Additional District and Sessions Court, Muvattupuzha as S.C.No.944 of 2018.

2. The prosecution allegation is that, on

19.05.2018 at about 4.55 p.m., the petitioner committed rape on the victim girl, who is mentally ill, after trespassing into her residential house.

3. The accused was arrested on 21.05.2018, and later, he was enlarged on bail. After investigation, final report was filed, and the case was taken on file as S.C.No.944 of 2018 of Additional District and Sessions Court, Muvattupuzha. On 15.11.2022, the petitioner was absent before Court, and there was no representation from his side.

His counsel filed memo relinquishing his vakalath. So, non- bailable warrant was ordered against him, and the case was posted to 20.12.2022. On that day, the accused was arrested and produced before the Court, and he was remanded to Sub Jail, Muvattupuzha

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

5. The petitioner was released on bail in Crime No.439 of 2018, but since he was absent on 15.12.2022, warrant was ordered against him, and on the very next posting, he was arrested and produced before Court, and was remanded to judicial custody. For the last more than one year, he is in jail, and he is ready to abide by any conditions imposed by this Court.

6. Since, for his absence on a single day, arrest warrant was ordered against him, and on the very next day, he was remanded to judicial custody, this Court is inclined to release him on bail on the following terms;

i. The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees Fifty Thousand only)

with two solvent sureties (preferably his parents) each for the like sum to the satisfaction of the trial court.

ii. The petitioner shall not leave the limits of Ernakulam District, till the trial of S.C.No.944 of 2018 is over.

iii. The petitioner shall surrender his passport before the trial court, within fifteen days of execution of the bail bond, and if he is not having a passport, he has to file an affidavit to that effect.

iv. The petitioner shall not influence or intimidate the victim or her family members, either directly or indirectly.

v. The petitioner shall not commit any offence while on bail.

vi. In case of violation of any of these conditions, the Investigating Officer can approach the jurisdictional Magistrate to get his bail cancelled, in accordance with law.

Sd/-

SOPHY THOMAS JUDGE rkj