Gireeshkumar K.B vs State Of Kerala

Mary Joseph, J

This appeal is filed challenging an order passed by Court of Sessions, Ernakulam (for short ‘the court below’) on 27.07.2022 in Crl.M.C.No.1626/2022.

Crl.M.C.No.1626/2022 is an application filed by the appellant who is the sole accused in Crime No.490/2022 of Kunnathunadu Police Station, under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) seeking for regular bail. Crime was registered for offences punishable under Section 376(2)(n) of Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for short ‘SC/ST (POA) Act’).

The case of the prosecution was that the appellant herein committed rape on the defacto complainant who belongs to Scheduled Caste for a period from June 2011 till 2021 under the false promise of marriage. It is alleged that the defacto complainant has consented for the sexual intercourse believing the promise made by the appellant that he would marry her. The appellant has withdrawn from the promise and thereupon the complaint was lodged alleging commission of offences and the crime in question was registered.

The contention of the learned counsel for the appellant was that the appellant never committed rape on the defacto complainant. According to him, the defacto complainant had borrowed Rs.1,00,000/- from him and when the amount is demanded back a false case has been registered against him. The application seeking bail was dismissed by the court below and bail was declined to the appellant for the reason that the investigation at the relevant time was at it’s preliminary stage. The economically and socially backwardness of the defacto complainant was also considered by the court below as a reason while declining to pass an order in favour of the appellant.

It is noticed that the appellant was taken into custody on 12.07.2022. The learned Public Prosecutor has submitted that the investigation is completed and the final report is laid before the special court.

It is noticed from the allegations of the prosecution that the defacato complainant is a lady aged 55 years and the offensive act was continued from June 2011 till 2021. It is not a single act that had happened on the promise of marriage. It continued for more than a year. For the reasons, this Court is inclined to allow the appeal.

In the result, Appeal stands allowed. Cr.M.C.No.1626/2022 also is allowed. Bails is granted to the appellant on execution by him of a bond for Rs.1,00,000/- with two solvent sureties each for the likesum to the satisfaction of the court below and also on compliance of conditions herein below mentioned :-

1) The appellant shall neither intimidate or attempt to influence witnesses, nor tamper with evidence proposed to be relied on by the prosecution.

2) The appellant shall not commit any offence while on bail.

3) The appellant shall appear before the court and co-operate with the proceedings of the case.

4) The  appellant  shall  not  leave  India  without  obtaining permission of the Court and if he is having a passport, shall deposit the same before the court below within a week; if release of the passport is required at a later period, necessary orders to the effect shall be obtained from a Court having jurisdiction by filing applications to the effect.

5) The appellant shall not enter into the jurisdictional limits of Kunnathunadu Police Station in Ernakulam District wherein Crime No.490/2022 was registered.

In case of violation of any of the above conditions, the jurisdictional court is empowered to consider the application seeking cancellation of bail, if any, filed by the authority concerned and pass appropriate orders in accordance with law.