Abhilash @ Anil vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.1128/2022 of Thrikkodithanam Police Station, Kottayam, alleging offences under Section 417 r/w Section 376(2)(n) of the Indian Penal Code, 1860.

The prosecution case is that the defacto complainant, who is a divorced woman and the accused, who is also a divorcee, fell in love with each other and on 27.06.2022, the accused took her to a house and had sexual relationship with her, after promising to marry and thereafter, he backed out of the promise and thus committed the offences alleged against him.

Shri.R.Reji, the learned counsel for the petitioner, contended that the allegations, even if assumed to be correct would only reveal a consensual relationship between the petitioner and the victim and that the petitioner is still willing to marry the victim. It was further pointed out that the crime has been registered on the basis of a misunderstanding and the victim has even filed a notarized affidavit stating that the sexual relationship entered into between them was by mutual consent.

Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the allegations against the petitioner are serious in nature.

Shri. K.V.Anilkumar, the learned counsel appearing for the victim submitted that the victim is present in Court and that she asserts that the crime was registered on the basis of a misunderstanding.

Since the victim was present in Court, I interacted with her and she stood by the averments in the affidavit filed by her and stated that the continued detention of the petitioner would prejudice her interests as well.

On an appreciation of the contentions raised and on a perusal of the records, I notice that the petitioner was arrested on 02.07.2022. In view of the affidavit filed and also the statement made by the victim, before this Court, I am of the view that the continued detention of the petitioner is not required.

In such circumstances, I allow this bail application on the following conditions:

i) Petitioner shall be released on bail on him 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.

ii) Petitioner shall appear before the Investigating officer as and when required.

iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence.

iv) Petitioner shall not commit any similar offences while he is on bail.

v) Petitioner shall not leave India without the permission of the Court having jurisdiction.

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, notwithstanding the bail having been granted by this Court.