Ayyappadas V.R. @ Siyad vs State Of Kerala

C. Jayachandran, J.

This is an application for regular bail preferred by the sole accused in Crime No.567 of 2024 of Kadampuzha Police Station, Malappuram for offences under Sections 376(2)(n) and (l) and 420 of the Indian Penal Code.

The prosecution case:-

Between 05.05.2024 and 20.05.2024, the de facto complainant was subjected to sexual intercourse by the accused by extending a promise to marry, in the quarters of the defacto complainant situated at Pilathara, and obtained an amount of Rs.1,35,000/-from her for arranging a rental house at Ernakulam. The prosecution further alleges that the accused obtained a T.V. set worth Rs.35,000/- and washing machine worth Rs.36,000/- booked by the de facto complainant from Amazon and he failed to repay the amount, thus cheated the de facto complainant. Thus, the accused is alleged to have committed the above mentioned offences.

Heard the learned counsel for the petitioner, learned Public Prosecutor and perused the records.

Learned counsel for the petitioner submits that the petitioner was arrested on 17.06.2024 and that, he was in custody for the past more than ninety days. It was also pointed out that the de facto complainant is a married woman, wherefore, the content of the allegation that the rape was committed by extending promise to marry may not sustain.

This application was opposed by the learned Public Prosecutor. It was pointed out that the petitioner has a criminal antecedent in Crime No.322 of 2022 of Mararikkulam Police Station for offences under Sections 406, 419 and 420 of the Indian Penal Code. Learned Public Prosecutor would also add that the Final Report has already been filed.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, this Court is inclined to allow the instant bail application and to enlarge the petitioner on bail. This Court specifically notice that the petitioner has been in the custody for past ninety days, which would have served the purpose of interrogation adequately. Moreover, the Final Report is also filed. This Court finds no reason to incarcerate the petitioner any more. The existence of an antecedent with respect to offences under Sections 406 and 420 need not stand in the way of releasing the petitioner on bail, in the above referred facts and circumstances

Accordingly, this bail application is allowed and there will be a direction to enlarge the petitioner on bail subject to the following conditions:

(i) The petitioner shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum, to the satisfaction of the court having jurisdiction;

(ii) The petitioner shall appear before the Investigating Officer as and when required to do so in writing;

(iii) The petitioner 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 or tamper with the evidence in any manner, whatsoever;

(iv) The petitioner shall not commit any offence while he is on bail;

(v) The petitioner shall surrender his passport, if any, before the trial court at the time of execution of the bond. If he has no passport, he shall file an affidavit to that effect before the trial court on the date of execution of the bond;

(vi) In case of violation of any of the conditions mentioned above, the jurisdictional court shall be empowered to consider the application for cancellation of bail, if any filed, and pass orders on the same, in accordance with law.

(vii) Applications for deletion/modification of the bail conditions shall be moved and entertained by the trial court.

(viii) Needless to mention, it would be well within the powers of the Investigating Officer to investigate the matter and, if necessary, to effect recoveries on the information, if any, given by the petitioner even while the petitioner is on bail as laid down by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi) and another [2020 (1) KHC 663].