MUHAMMED MUBARAQ Vs. STATE OF KERALA

JUDGEMENT

(1.) These bail applications are filed seeking regular bail under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner in B.A.No.6078/2022 is the accused in Crime No.59/2022 and 55/2020 both of Perinthalmanna Police Station, now pending consideration as SC No.615/2021 and SC No.689/2021, of the Special Judge, Fast Track Court, Perinthalmanna. The offences alleged against the petitioner in both case include those punishable under Sec. 376(2)(n) of the Indian Penal Code, 1860. The victim involved in both these crimes is the same and the offences are alleged to have been committed on different dates.

(3.) According to the prosecution, while granting bail to the petitioner in both the above crimes, specific conditions were imposed directing the petitioner to appear before the Investigating Officer on dates mentioned therein. Apart from the above, petitioner was restraining from threatening or influencing the victim or her relatives. However, contraryto the aforesaid conditions, the accused failed to report before the Investigating Officer after July 2021, and also sent threatening messages to the mother of the victim and thereby violated the conditions of bail.