Akhil Varghese @ Manu vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.1734/2021 of Perumbavoor police station, Ernakulam district, alleging commission of offences under Sections 363, 342, 354D and 376 of the Indian Penal Code.

The allegation against the petitioner is that, he pretended to be in love with the victim and subjected her to sexual abuse and rape initially on that pretext and thereafter by threatening her. It is alleged that the petitioner threatened the victim that he would reveal her nude photographs and circulate the same.

Learned counsel appearing for the petitioner submits that an earlier bail application filed by the petitioner as Bail Application No.7765/2021 was dismissed by this Court on 27.10.2021 on noticing that investigation is only progressing and also noticing the fact that the petitioner is accused in at least five other cases. Learned counsel also submits that all the five cases in which he is alleged to be an accused arose out of business relationships with his partners and cannot be a reason for denying bail to him in this case. He also submits that the petitioner is absolutely innocent in the matter and any relationship between the petitioner and the victim is purely consensual. It is also submitted that the complaint was raised almost one year after the alleged date of incident.

Learned Public Prosecutor, on instructions, submits that investigation is in the final stage and the final report is being prepared. It is submitted that grant of bail at this stage may affect the investigation inasmuch as there is every likelihood that the petitioner may influence the witnesses in the case. It is submitted that though further custodial interrogation of the petitioner may not be necessary, it will not be appropriate to grant bail to him at this stage.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 19.09.2021 and since further custody of the petitioner may not be necessary for the purpose of investigation into the matter, I am of the opinion that the petitioner can be released on bail subject to strict conditions. Accordingly, this application for regular bail is allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like-sum to the satisfaction of the jurisdictional court;

(ii) Petitioner shall appear before the investigating officer in Crime No.1734/2021 of Perumbavoor Police station on every Monday and Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1734/2021 of Perumbavoor police station;

(iv) The petitioner shall not enter the local limits of the Perumbavoor police station where the de facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the jurisdictional court. If the petitioner does not have a passport, he shall execute an affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) The petitioner shall not involve in any other crime while on bail.

If any of the aforesaid conditions are violated, the investigating officer in Crime No.1734/2021 of Perumbavoor police station may file an application before the jurisdictional court, for cancellation of bail.