Aneesh Viswanadhan vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.1192/2023 of Paravoor police station, Kollam district, alleging commission of offences under Sections 376, 376(2)(n) and 506(i) of the Indian Penal Code.

Allegation against the petitioner is that, after promising to marry the de facto complainant/victim, the petitioner compelled her to go with him to various places and he committed rape on her and thereby, he committed the offences alleged against him.

Learned counsel appearing for the petitioner submits that the petitioner and the de facto complainant were in a relationship. It is submitted that the de facto complainant is a divorcee and the petitioner had not given any promise of marriage, as alleged. It is submitted that, any relationship between the petitioner and the de facto complainant was purely consensual. It is submitted that, a false complaint has been registered against the petitioner nearly four months after the alleged incident owing to the fact that the marriage of the petitioner was fixed with another girl.

Learned Public Prosecutor opposes the grant of bail. It is submitted that the petitioner was arrested only on 05.12.2023 and the investigation is only progressing. It is submitted that the allegations against the petitioner are serious and the it may not be conducive to grant bail to the petitioner, at this stage.

Having heard the learned counsel appearing for the petitioner and the learned Public Prosecutor and taking into account the facts and circumstances of the case, I am of the opinion that the petitioner can be released on bail subject to strict conditions. The petitioner has been in custody from 05.12.2023. The allegations against the petitioner are as noticed above. While there is no material before this Court to suggest that the relationship between the petitioner and the de facto complainant was consensual, it is seen that the continued detention of the petitioner may not be necessary for the purpose of investigation. Therefore, the petitioner can be granted bail subject to conditions. The only apprehension can be that the victim may be influenced or intimidated, if the petitioner is granted bail. That can be taken care of by imposing suitable 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.1192/2023 of Paravoor Police station, Kollam district on every 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.1192/2023 of Paravoor police station;

(iv) The petitioner shall not enter the local limits of the Paravoor police station where the de facto complainant is

residing except for the purpose of complying with any condition in the order or for appearance before any court or authority;

(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.1192/2023 of Paravoor police station may file an application before the jurisdictional court, for cancellation of bail.