Bail granted when evidence insufficient for conviction and custody unjustified.

O R D E R

This application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (for short, BNSS ) seeking regular bail.

2. The applicants are the accused Nos.1 & 2 in Crime No.1008/2024 of Konni Police Station, Pathanamthitta District. The offences alleged are punishable under Sections 3 33 , 127(2), 115(2), 64(1), 351(2), 62, 74 read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on 20.12.2024, at about

10:30 pm, the applicants along with the accused No.3 allegedly trespassed into the rented residence of the defacto complainant at Anakuzhy, Iravon Village, and committed rape on her. The accused No.3 is further alleged to have snatched her mobile phone and attempted to call her employer.

4. I have heard Sri.Renjith B. Marar, the learned counsel for the applicants and Sri.U.Jayakrishnan, the learned Public Prosecutor. Perused the case diary.

5. The learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the applicants with the alleged crime; hence, they are entitled to bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the applicants, and they are not entitled to bail at this stage.

6. The applicants were remanded to judicial custody on

23.12.2024. The investigation was over and the final report was already filed. The applicants do not have any criminal antecedents. A reading of the FIS would show that there is no allegation of penetrative sexual assault. In the wound certificate also, there is no evidence of penetrative sexual assault. At any rate, the applicants are in custody for the last more than one year. For these reasons, I do not find any reason to hold that the continued detention of the applicants is required for any purpose. Hence, the applicants are entitled to be released on bail.

7. The learned Public Prosecutor submitted that, the applicants being the natives of Assam, if bail is granted, will abscond.

8. In the circumstances, a further condition can be imposed to ensure their continued presence in Kerala, that, the applicants shall report before the Investigating Officer on alternate days. In the result, the application is allowed on the following conditions: -

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

(ii) The applicants shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every alternate days until further orders. They shall also appear before the investigating officer as and when required.

(iii) The applicants shall not commit any offence of a like nature while on bail.

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

(v) The applicants shall not leave the State of Kerala without the permission of the trial Court.

(vi) The application, if any, for deletion/modification of the bail conditions or cancellation of bail on the grounds of violating the bail conditions shall be filed at the jurisdictional court.

Sd/-