Anil Kumar vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the accused in Crime No.1717 of 2021 of Thrikkodithanam Police Station, Kottayam District, alleging commission of offences under Sections 450, 376 and 376(2)(f) of the Indian Penal Code. The allegation against the petitioner is that the petitioner committed rape on the de-facto complainant / victim, who is a close relative of the petitioner.

The learned counsel for the petitioner would submit that the allegations are totally baseless and that the petitioner has been falsely implicated. It is submitted that the de-facto complaint / victim is a close relative of the petitioner and there are some financial disputes between the petitioner and the de-facto complainant / victim. It is submitted that the complaint itself was given almost a month after the alleged date of incident. It is submitted that the investigation has been completed and a final report has already been filed in the matter and the continued detention of the petitioner is not necessary for the purpose of any investigation. It is submitted that no criminal antecedents are reported against the petitioner and that the petitioner has already been in custody for 114 days.

The learned Public Prosecutor opposes the grant of bail. The heinous nature of the offence committed is pointed out. It is submitted that the de-facto complainant / victim is a 62 year old woman and the petitioner had exploited her in the manner indicated in the First Information Statement of the de-facto complainant / victim. It is submitted that the investigation conducted thus far revealed that the allegations are true. It is submitted that the petitioner is not entitled to be released on bail.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody for 114 days and taking into account the fact that the final report has already been filed in the matter, I am of the view that the petitioner can be granted bail subject to conditions.

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

(1) 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;

(2) The petitioner shall report before the investigating officer in Crime No.1717 of 2021 of Thrikkodithanam Police Station, Kottayam District, on every Saturday at 11.00AM until further orders;

(3) The petitioner shall not enter the local limits of Thrikkodithanam Police Station, Kottayam District except for the purpose of complying with condition No.2 above until further orders;

(4) The petitioner shall not attempt to influence or intimidate the de-facto complainant / victim or any witness in Crime No.1717 of 2021 of Thrikkodithanam Police Station, Kottayam District;

(5) 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.1717 of 2021 of Thrikkodithanam Police Station, Kottayam District, may file an application before the Jurisdictional Court for cancellation of bail.