The court emphasized that the necessity for continued detention must be weighed against the gravity of the allegations.

ORDER

1.This petition is filed under Section 439 of the Code of Criminal Procedure .

2.The petitioner herein is the accused in Crime No.1552 of 2017 of Kulathupuzha Police Station, registered alleging offence punishable under Sections 450 and 376 of the IPC.

3.The victim in the instant case is aged 36 years and a near relative of the petitioner herein. According to the victim, the petitioner and the victim have been living as husband and wife for the past 8 years. It is based on the assurance that the petitioner would marry her. However, about 3 years back she married another man. The said person was mentally challenged. Knowing about the relationship between the petitioner and the victim, he left the victim. Thereafter the petitioner started living with the victim. During the said period, the petitioner had subjected her to sexual intercourse. When the request of the de facto complainant to marry her was not acceded to, she approached the police and gave information based on which the crime was registered.

4.The learned counsel appearing for the petitioner submitted that the petitioner was arrested on 27.12.2017 and has been in custody since then. The allegations are baseless and the offence alleged will not be attracted is the submission.

5.Heard the learned Public Prosecutor who opposed the prayer.

6.I have considered the submissions advanced and gone through the case diary.

7.Having regard to the nature and gravity of the allegations, and other facts and circumstances, I am of the view that further detention of the petitioner is not warranted.

8.In the result, this application is allowed. However, it shall be subject to the following conditions:

1). The petitioner shall be released on bail on his executing a 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.

2). The petitioner shall appear before the Investigating Officer on all Saturdays between 9 a.m. and 10 a.m., for 2 months or till final report is filed, whichever is earlier.

3). The petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

4). The petitioner shall not commit any offence while he is on bail.

5). The petitioner shall not leave the country without the permission of the concerned Court.

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.