Dileep Kumar K 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.383/2022 of Perambra Police Station, Kozhikode. The offences alleged against the petitioner are under Sections 376 ,376(2)(n), 354, 354A and 354B of the Indian Penal Code, 1860

According to the prosecution, in April 2022 after the accused became acquainted with the victim, he indulged in sexual intercourse with the victim, after threatening to show her nude photographs to her husband and her relatives and thereby committed the offences alleged.

Sri.Nidhi Balachandran learned Counsel for the petitioner contended that the entire prosecution case is false and that petitioner is innocent of the allegations. According to the learned Counsel, the alleged victim is presently residing with the parents of the petitioner and she has filed an affidavit stating that she has no complaint against the petitioner. It was submitted as per the victim’s own statement, the complaint was filed at the behest of her husband, who deserted her. The victim in her affidavit states that she is residing with the family of the petitioner, who are taking good care of her.

Sri.K.A.Noushad, learned Public Prosecutor opposed the application for bail and submitted that petitioner was arrested only on 03.07.2022. It was further submitted that even though the victim is residing with the parents of the petitioner and she has stated that she filed a false complaint at the instance of her husband, still, the circumstances of the case require the continued detention of the petitioner, and that releasing the petitioner at this stage of the proceedings would cause prejudice to the prosecution.

Having regard to the circumstances of the case, as well as on an appreciation of the arguments of the learned counsel for the petitioner and the learned Public Prosecutor, and on a perusal of the affidavit filed by the victim, I am of the view that the continued detention of the petitioner is not required. Accordingly, I allow this bail application 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.

(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.