Ajith vs State Of Kerala

Bechu Kurian Thomas, J

This is an application for regular bail filed under Section 439 of Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.899 of 2022 of Chalakudy Police Station, Thrissur District, alleging offences punishable under Sections 376 and 376(2)(n) of the Indian Penal Code,1860.

According to the prosecution, the accused who is the husband of victim’s mother’s friend, raped her in July 2021 at a hotel and again in November 2021 and thereby committed the offences alleged.

Sri. Prabhu K.N, the learned counsel for the petitioner contended that the entire prosecution allegations are false and that even if the same is assumed to be true it will only reveal a consensual relationship. The learned counsel also pointed out that the victim is a married lady and that the allegations reveal that the alleged rape repeatedly occurred at a hotel, which clearly indicates a consensual relationship. It was further submitted that in any event the petitioner having been arrested on 12-10-2022, the continued detention is not essential especially since the investigation is almost completed.

Smt. M.K.Pushpalatha, the learned Public Persecutor opposed the grant of bail and contended that the allegations are serious and that the investigation is still ongoing and in such circumstances, releasing the petitioner would cause prejudice to the investigation.

I have considered the rival contentions and have also perused the Exhibits. The petitioner is alleged to be the husband of the victim’s mother’s friend and is 49 years of age. Even though the victim is only 25 years, she is a married lady. Having regard to the nature of the allegations and the period of detention already undergone, I am of the view that though the allegations are serious, the continued detention is not essential, despite the investigation still continuing.

In the result, this application is allowed on the following conditions:-

(a) 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

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

(e) 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.