Judgement of the Day - Vinesh v. State of Kerala on 18 August, 2020

BA.No.4876/2020


Facts

The petitioner was the accused in Crime No.584/2020 of Valiyamala Police Station, Thiruvananthapuram. The case was registered against the petitioner alleging offences punishable under Sections 511 of 376 and 511 of 306 IPC. The prosecution claimed that the petitioner is the relative of the victim’s husband. On 18.6.2020, the petitioner went to the house of the complainant and stayed there till 4 pm. He left the house at 4 pm and again came back at 8:30 pm, next day when complainant’s husband left the house for the job then the petitioner tried to commit rape with the complainant. When the accused tried to commit rape again and again then the victim poured kerosene on her body and set fire. The petitioner was arrested on 19.6.2020 for 60 days for committing the offence under Section 511 of 376 of IPC. Section 167(2)(a) of CrPC clearly states that magistrate cannot arrest the person for more than 60 days if the investigation relates to the offence in which maximum punishment can be imposed of 10-year imprisonment. The council for the petitioner applied for bail as there is no express provision in 511 for the punishment of attempt to commit an offence, Public Prosecutor opposed this bail application and claimed that the petitioner has done the heinous crime, so he must not be entitled to statutory bail. Public prosecutor stated that the prosecutor can be held under section 376(2) of IPC, because of which he can be imprisoned for the term more than 10 years which may extend to imprisonment for life.


Judgement

Court held that as final report was not filed till date and 60 days were also over after the first remand of the petitioner , so the petitioner can be entitled to statutory bail (under section 167(2)(a)(ii) of CrPC), so he was released on bail executing a bond for Rs 50000. Petitioner was asked to follow certain conditions like he needs to appear in the station for interrogation whenever investigating officer asks him to appear. He has to follow the guidelines issued by the Central and State government regarding social distancing in wake of COVID 19 pandemic. His bail will be immediately cancelled if he violates the aforesaid conditions.

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