Amarshan K.T vs State Of Kerala

Application for regular bail.

The petitioner is the accused in Crime No. 69 of 2021 of Chombala Police Station registered for the offences punishable under Section 376 of Indian Penal Code.

The petitioner is in custody since 21.02.2021.

The prosecution allegation is that on 25.11.2020, the petitioner, after giving a false promise of marriage to the defacto complainant, had sexual relationship with her against her consent and thereby committed the aforesaid offence. Since the defacto complainant was threatened by her mother and mother's sister, she lodged the complaint after three months.

It is submitted by the learned counsel for the petitioner that now the investigation of the case is over and further detention of the petitioner may not be necessary for the prosecution and hence this application. It is also submitted that the petitioner is a student and the victim is a collie worker with whom he has absolutely no connection. But he has been falsely implicated in the case and thus he is undergoing unnecessary detention.

The learned Public Prosecutor submitted that in fact as a result of the rape committed by the petitioner, the defacto complainant has become pregnant and later she had to abort her pregnancy when he refused to marry her. The investigation of the case is only in progress and if the petitioner is released on bail at this stage, that will affect the prosecution case.

Heard both sides.

The victim involved in this case is a lady aged 19 years and the petitioner is aged 22 years. The investigation of the case has progressed considerably and in fact it is nearing completion. In view of the fact that the investigation has progressed considerably and the prosecution will able to submit the final report without further delay, I think that this petition can be considered favourably. Therefore, this application is allowed and the petitioner shall be released on bail on 12.04.2021 subject to the following conditions:

(i) The petitioner shall be released on bail on 12.04.2021 on his executing a bond for a sum of Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer on every Monday between 10.30 a.m. and 11.30 a.m. till the final report is filed. He shall also appear for interrogation as and when required by him, in writing.

(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.