Amal.V.S.@Kichu vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the 1st accused in Crime No.680/2021 of Elavumthitta Police Station, Pathanamthitta District alleging commission of offences under Sections 366, 341, 376, 376(2)(n), 328, 354A (1)(i), (ii) & (iv) and 509 r/w Section 34 of the Indian Penal Code.

The allegation against the petitioner is that the petitioner pretended to be in love with the de-facto complainant and compelled her travel to Bangalore and took her to his rented premises and committed sexual assault and rape on her many times between 25.02.2021 and 26.02.2021. It is also alleged that the relationship between the petitioner and the de-facto complainant were recorded by the petitioner on his mobile phone. There is a further allegation that the accused No.2 (not a petitioner in this case), a friend of the petitioner herein, also sexually assaulted the de-facto complainant after administering drugs. It is also alleged that the de-facto complainant was wrongfully restrained by the accused till 27.02.2021.

The learned counsel for the petitioner submits that the petitioner and the de-facto complainant were in love and she had willingly and voluntarily gone with him to Bangalore and the allegation of sexual assault and rape is completely incorrect. It is submitted that, if at all, the relationship was purely consensual and the allegation of administering drugs and wrongful restraint etc. are made only to lend colour to the complaint raised against the petitioner. It is also submitted that an earlier occasion, the de-facto complainant had submitted a complaint before the Mannanthala Police Station and the same was settled between the parties after the appearance of the petitioner and the de-facto complainant. It is submitted that, thereafter, the present complaint was filed. Lastly, it is submitted that the petitioner has been in custody from 19.09.2021 and further custodial interrogation of the petitioner is not necessary, in the facts and circumstances of the case.

The learned Public Prosecutor, on instructions, submits that the investigation to the matter under progress and the allegations raised against the petitioner are quite serious. It is submitted that there are clear allegations of abduction and sexual assault by the petitioner and the 2nd accused and the allegation of administration of drugs to the de-facto complainant. The further allegation, submits the Public Prosecutor, is that the accused had recorded the intimate photos and videos of the de-facto complainant on his mobile phone. It is, therefore, submitted that a thorough investigation is required in the matter.

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 taking into account the fact that recovery etc. has already been effected and that further custodial interrogation of the petitioner may not be necessary for a proper investigation to the case, I am of the opinion that the petitioner can be granted bail subject to strict conditions to ensure that he does not intimidate the de-facto complainant or any witness in Crime No.680/2021 of Elavumthitta Police Station, Pathanamthitta District.

In the result, this application is allowed and it is directed that the petitioner shall be released on bail, subject to the following conditions:-

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

(ii) The petitioner shall appear before the investigating officer in Crime No.680/2021 of Elavumthitta Police Station, Pathanamthitta District on every Saturday at 11.00 am until further orders;

(iii) The  petitioner  shall  not  attempt  to  interfere  with  the investigation or influence or intimidate the de-facto complainant or any witness in Crime No.680/2021 of Elavumthitta Police Station, Pathanamthitta District;

(iv) The petitioner shall not enter the local limits of the Pathanamthitta 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 do not have a passport, he shall execute 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.680/2021 of Elavumthitta Police Station, Pathanamthitta District may file an application before the Jurisdictional Court, for cancellation of bail.