Abhilash vs State Of Kerala

Application for pre arrest bail.

The petitioner is the accused in Crime No.701 of 2020 of Chottanikkara Police Station registered for the offence punishable under Section 376 (2)

(n) of the Indian Penal Code.

The prosecution allegation is that the petitioner had offered to help the defacto complainant to open an account in Federal Bank as he is having

acquaintance with her from 2018 onwards. She then handed over certain photographs and signed blank papers to him to enable him to open the

account. But those signed blank papers were converted by him as love letters written by her to him and misusing the same, he threatened her that he

would publish those letters and circulate among her relatives and friends and thus tarnish her image.

On 21.10.2019 she was taken by him to a tourist home at Chottanikkara and committed rape on her. Again on 22.10.2020 he took her to another

place and committed rape and continued to have sexual relationship with her against her consent till February 2020 and thereby he has committed the

aforesaid offence.

The learned counsel for the petitioner has submitted that the allegations levelled against him are absolutely false and baseless. The defacto

complainant is a married lady who is the mother of a child aged 6 years. She was having relationship with this petitioner and he had sexual relationship

only with her consent and so he has not committed any offence as alleged. But he apprehend arrest and hence, the petition.

The learned Public Prosecutor has fairly submitted that the investigation of the case is going on smoothly.

The records submitted by the learned counsel for the petitioner in support of his case would prima facie indicate that he had close acquaintance and

relationship with her and they used to travel to various places and she had consensual physical relationship with him because of their lover affair. The

photographs produced would also reveal that there was no fraudulent misrepresentation of marriage as she is married and have a child in her wedlock,

with another man. On hearing the submission of the learned Public Prosecutor it is amply clear that the investigation of the case is well in progress and

the presence of the petitioner in custody is not required for proceeding with the investigation.

Having regard to the nature of the accusations levelled against the petitioner and the facts and circumstances involved in the case, I think that pre

arrest bail as sought for by the petitioner can be granted subject to the following conditions.

(i) The petitioner shall be released on bail on executing bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties for the

like sum each in the event of arrest by the police in connection with the above crime.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him in writing. He shall co-operate with the

investigation of the case.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.

Hence, the bail application is allowed.