Ananthu And Anr vs State Of Kerala

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

Petitioners are the accused in Crime No.2336/2020 of Vattapara Police Station. The above case is registered against the petitioners alleging

offences punishable under Sections 376, 420, 506 and 323 r/w 34 IPC. The offence under Section 120(o) of the Kerala Police Act is also alleged.

The prosecution case is that the 1st petitioner committed rape on the defacto complainant by promising that he will marry her. It is the case of the

victim that the 1st petitioner sexually abused the victim from 2016 onwards. Now the 1st petitioner withdrew from the promise. It is also alleged that

the 2nd petitioner, who is a friend of the 1st petitioner intimidated the defacto complainant by sending message through social media. Hence it is

alleged that the petitioners committed the offence.

Heard the learned counsel for the petitioners and the learned Public Prosecutor.

The counsel for the petitioners submitted that there is absolutely no allegation against the 2nd petitioner to attract any offence of rape. The counsel

submitted that even if the entire allegations are accepted, no case of rape is made out against the 1st petitioner. The counsel submitted that the

petitioners are ready to abide any condition, if this Court grant them bail.

The learned Public Prosecutor opposed the bail application. The Public Prosecutor submitted that there are serious allegation against the 1st

petitioner. The age of the victim is only 22 years. The 1st petitioner sexually abused the victim girl for the last four years, is the allegation. The Public

Prosecutor submitted that an order Section 438 Cr.P.C may not be passed in favour of the 1st petitioner. The Public Prosecutor also alleged that the

1st petitioner grabbed huge amount from the victim girl. But the Public Prosecutor conceded that there is no allegation of rape against the 2nd

petitioner.

After hearing both sides, I think, the bail application of the 2nd petitioner can be allowed. There is no serious allegation against the 2nd petitioner.

Therefore, the bail application of the 2nd petitioner is allowed with the following stringent conditions:

The 2nd petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation.

After interrogation, if the Investigating Officer propose to arrest the petitioner, he shall be released on bail executing a 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 officer concerned.

The 2nd petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the

investigation and 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.

The 2nd petitioner shall not leave India without permission of the jurisdictional Court.

The 2nd petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is

suspected.

The 2nd petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the 2nd petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the

bail is granted by this Court.

At this stage, the learned counsel for the petitioners submitted that the 1st petitioner will surrender before the investigating officer and will co-

operate with the investigation. Therefore, this bail application of the 1st petitioner is disposed of with the following directions:

I) The 1st petitioner shall surrender before the investigating officer within two weeks from today.

II) If the 1st petitioner surrendered before the investigating officer within two weeks from today, the investigating officer will interrogate the petitioner

and if he is arrested, he will be produced before the jurisdictional Court forthwith;

III) When the 1st petitioner is produced in court and the petitioner files a bail application before the Court concerned after giving prior notice to the

Prosecutor concerned, the Court will consider the bail application on merits preferably on the date of filing of the same itself.