Dharma.M vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the accused in Crime No.151/2022 of Vanitha Police Station, Kasaragod District. The offences alleged against the petitioner are under Section 376(2)(n) of the Indian Penal Code, 1860.

According to the prosecution, on the basis of a false promise of marriage, the accused raped the victim during the period between February 2022 and September 2022 and also harassed her demanding money and thereby committed the offences alleged.

Sri.A.Arunkumar, learned Counsel for the petitioner submitted that the prosecution allegations are false and the incident as alleged had not occurred. It was further submitted that petitioner was arrested on 03.11.2022 and has been in custody since then and also that even if the allegations are assumed to be admitted, the same would only reveal a consensual relationship.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and submitted that the prosecution allegations are serious in nature and that if the petitioner is released on bail, there is every chance that he may influence or intimidate the witnesses.

I have considered the rival contentions.

Having regard to the circumstances arising in this case, and also the fact that the petitioner and the victim are both matured persons and taking into reckoning the period of detention already undergone from 03.11.2022, I am of the view that petitioner can be released on bail on conditions:

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

(a) Petitioner shall be released on bail on him executing 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.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the victim or her family members.

(d) Petitioner shall not commit any similar offences while he is on bail.

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.