SAJEESH MADHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner who is the 1st accused in Crime No.305/2006 of CBCID, Idukki (originally registered as Crime Nos.192/2006 206/2006 of Vellathooval Police Station) for offences punishable under secs.366, 376, 306 and 511 of 376 rad with sec.34 I.P.C., seeks his enlargement on bail. The petitioner surrendered before the magistrate concerned on 31.10.2006 and was remanded to judicial custody where he continues.

(2.) Sri P.G.Thampi, the Director General of Prosecutions, vehemently opposed the application submitting inter alia that this is a case of gang rape in which the petitioner is the most despicable person as he had satiated his lust in the girl after misrepresenting to her that he was a bachelor when the fact remains that he was a married man having two children. Sri Thampi also highlighted the fact that the girl was in sincere and ardent love with the 1st accused who had betrayed her in the most foul manner and the jilted girl had ultimately no other alternative but to commit suicide on being forsaken by the petitioner who was masquerading as her lover.

(3.) If the prosecution is able to prove the allegations against the petitioner, then probably he may deserve the most condign punishment. But the petitioner has been in custody since 31.10.2006. This is too long a period for pre-trial incarceration. Having regard to the nature of the offence, the duration of judicial custody of the petitioner and the other circumstances of the case etc., I am inclined to grant bail to the petitioner. Accordingly, the petitioner is directed to be released on bail on his executing a bond for Rs. 10,000/- (Rupees ten thousand only) with two solvent sureties each for the like amount to the satisfaction of the J.F.C.M., Adimaly, and subject to the following conditions:-