Anil Kumar vs State Of Kerala

P.Krishna Kumar, J

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Petitioner is the accused in Crime No.801 of 2024 of Chirayinkeezhu Police Station. The above case is registered against the petitioner alleging offence punishable under Sections 450, 376(2)(n), 341, 354D, 323 and 506 of the Indian Penal Code, Sections 64(1), 74, 324 (2)and 3(5) of the BNSS and Section 66(E) of the Information Technology Act.

The prosecution case is that, the accused on a day in June 2020, trespassed into the de facto complainant's house, threatened her and raped her. Subsequently he contacted her repeatedly, promising to protect her and engaged in sexual relations with her on multiple occasions. When the defacto complainant discovered his involvement with other women and tried to avoid him, he allegedly threatened her with certain naked photos taken without her knowledge and forced her into further sexual acts. On 8.10.2024 around 10.30 PM, the accused allegedly trespassed into her home, threatened and assaulted her, damaged household items and injured her younger son when he tried to intervene and thereby committed the alleged offences.

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

The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the present case. The counsel further submitted that no materials are on record to connect the petitioner with the alleged crime; hence he is entitled to get bail. On the other hand, the learned Public Prosecutor submitted that the alleged incident occurred as a part of the intentional criminal acts of the petitioner, and he is not entitled to bail at this stage. It is also contended that the petitioner may further attack the informant, if enlarged on bail.

The petitioner was arrested on 18.12.2024. The investigating agency had the opportunity to take the petitioner in police custody. From the submission of both sides, it appears that the investigation of the case is now in an advanced stage. The investigating agency did not show any acceptable reasons for justifying further detention of the petitioner. As per the statement of the victim, all the sexual engagements, except the one on the last occasion, were consensual and there was also promise of marriage. It is true that the victim made certain grave allegations against the petitioner that he threatened her with certain naked photos which were taken without her knowledge. But the prosecution is not able to produce sufficient materials to prima facie support those allegations though they had the opportunity to take the petitioner in their custody. The anxiety expressed by the learned Public Prosecutor that the accused would interfere with the process of investigation if released on bail and that he would further assault the victim, can be addressed by imposing suitable conditions. Having considered the entire circumstances, including the present stage of the investigation, the peculiar nature of the allegations and the tenure of judicial custody undergone by the petitioner in the touchstone of the well settled principles relating to bail, it is only just and proper to release the petitioner on bail, but on stringent conditions to safeguard the interest of the victim as well.

In the result, the application is allowed on the following conditions:

(i) The petitioner shall be released on bail on execution a bond for Rs.1,00,000/- (Rupees One Lakh only) with two solvent sureties for the like sum each to the satisfaction of the jurisdictional Magistrate/Court.

(ii) The petitioner shall fully co-operate with the investigation.

(iii) The petitioner shall appear before the investigation officer between 10 a.m. and 11 a.m. on every Saturday for a period of six months or till filing charge sheet, whichever is earlier. He shall also appear before the investigation officer as and when a notice in writing is issued by the investigating officer.

(iv) The petitioner shall not enter into the Taluk where the defacto complainant resides, for a period of six months except for appearing before the Investigating Officer or matters related to the investigation.

(v) The petitioner shall not commit any offence of a like nature while on bail.

(vi) The petitioner shall not interact with the prosecution witnesses, directly or through any other person, or in any other way influence any witnesses or other persons related to the investigation and he shall not tamper with the evidence.

(vii) The petitioner shall not leave Kerala without the permission of the trial court.

The application, if any, for detention/modification of the bail conditions or cancellation of bail on the ground of violating the bail conditions can be entertained by the jurisdictional court, if it is found necessary.