ARUNKUMAR M.K, S/O. KESAVAN Vs STATE OF KERALA

The petitioner herein is the sole accused in Crime

No.368 of 2017 of the Vidyanagar Police Station registered

under Sections 376 and 506(1) of the Indian Penal Code.

He seeks regular bail under Section 439 of the Code of

Criminal Procedure. The application filed by him for regular

bail was dismissed by the learned Sessions Judge,

Kasaragod on 07.10.2017. The petitioner has been in

judicial custody since 11.09.2017.

The victim of offence in this case is a lady aged

36 years. She is a widow having a son. The petitioner is

said to be the second cousin of the deceased husband of

the victim. He had been helping the victim in some

matters after the death of her husband. Once she

entrusted him to sell the property belonging to her with the

object of settling some dues. The prosecution case is that,

registration of the document was scheduled on 13.1.2017,

and on the eve of it, at about 12.45 a.m on 12.1.2017, the

petitioner came at the house of the victim under the pretext

of talking something regarding the assignment and he went

inside the house for taking bath. When the victim went to

the upstairs for taking bath towel, the petitioner followed

her, and at the balcony upstairs, he caught her by force and

subjected her to sexual intercourse there. The alleged

incident happened on 12.1.2017, but the victim made

complaint only on 5.7.2017. The case of the petitioner is

that he does not have any connection with the victim.

On a reading of the complaint, this appears to be

a case of rape. But on a perusal of the entire materials, I

find something suspicious regarding the delay in making the

complaint. Here the defence assumes importance that if at

all anything had happened it was with her consent. Anyway,

let the factual aspects be probed into during trial.

On hearing both sides, I find that investigation in

this case is practically over, and that the petitioner can be

now released on appropriate conditions. I find that the

Investigating Officer has collected the necessary materials

for a prosecution. I do not find the necessity of continued

detention of the petitioner in the above circumstances.

In the result, this application for bail is allowed. The

petitioner will be released on bail on his executing a bond

with two solvent sureties for 50,000/-(Rupees Fifty

thousand only) each to the satisfaction of the court below

having jurisdiction. Bail is granted on condition that;

a. The petitioner shall report before the Circle

Inspector of Police, Kasaragod between 10.00 am and 11 am

on all Wednesdays for a period of two months.

b. The petitioner shall not enter the limits of the

Vidyanagar Police Station for two months.

c. The petitioner shall not in any manner influence

or intimidate the witnesses and he shall not have any

contact with the material witnesses directly or over

telephone or otherwise.

Forward a copy of this order to the Circle Inspector

of Police, Kasaragod who will report compliance of the

conditions, directly to the court below.