Hariksishnan vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the sole accused in Crime No.105/2022 of the Kanakakunnu Police Station, Alappuzha. The offences alleged against the petitioner are punishable under Sections 366, 376 and 420 of the Indian Penal Code, 1860.

According to the prosecution, the petitioner had after giving a promise of marriage, committed sexual intercourse with the defacto complainant and thereafter retracted from the marriage and thus committed the offences alleged against him.

Sri.R.T. Pradeep, learned counsel for the petitioner submitted that the entire prosecution allegation is false and that though the marriage of the victim and the petitioner were fixed, due to certain revelations, he had to back out of the marriage. It is thereafter that the crime has been registered alleging the offence of rape.

Smt.M.K.Pushpalatha, learned Public Prosecutor opposed the grant of bail and submitted that the petitioner is alleged to have indulged in sexual relationship, after promising to marry the victim and thereafter, retracted from the promise, and it is evident that the relationship was maintained with the promise of marriage.

A perusal of the records produced prima facie reveal that the marriage of the petitioner with the victim was fixed for 08.05.2022 and that all arrangements were done. However, as seen from Annexure V complaint filed before the State Police Chief, petitioner had, on realising certain aspects of the victim’s life, wanted to back out from the marriage, and then the victim started threatening to destroy his life and even blackmailing him. Petitioner had also alleged that a fake ID was created by the victim, to indulge in certain offensive activities, which also contributed to the decision taken by the petitioner to back out of the marriage. The complaint was in fact filed before the State Police Chief even before the F.I.R. in the instant case was registered

Considering the circumstances arising in this case and also the detention of the petitioner from 30.06.2022, I am of the view that the continued detention of the petitioner is not warranted.

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

(i) Petitioner shall be released on bail on his 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.

(ii) Petitioner shall appear before the Investigating Officer as and when required;

(iii) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant.

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

(v) 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.