Hussain 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 sole accused in Crime No.940/2022 of the Chadayamanagalam Police Station, Kollam, alleging offences under Sections 420, 376 and 376(2)(n) r/w Section 506 of the Indian Penal Code, 1860.

The prosecution case is that accused deceived the defacto complainant and had sexual intercourse with her on the false promise of marriage and also obtained a sum of Rs.17,00,000/-(Rupees seventeen lakhs only) from the defacto complainant, after intimidating her by showing her naked photographs and thereafter, refused to return the amount and thus committed the offences alleged against him.

Shri.Sasith M.R., the learned counsel for the petitioner contended that the entire prosecution case is false and that even if it is admitted, still the allegations will only reveal a consensual relationship and further that since the petitioner was arrested on 26.06.2022, continued detention would not serve any purpose.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and submitted that the petitioner had been committing rape on the victim for the last several years from 2014 onwards and that the investigation has not yet been completed and therefore, releasing the petitioner at this stage would prejudice the prosecution.

On a perusal of the statement of the victim, I notice that both the victim and the petitioner are in a subsisting marriage. Therefore, the allegation of false promise of marriage cannot strictly arise in the circumstance of the case. However, having regard to the serious nature of the allegations and the detention of the petitioner from 26.06.2022, I am of the view that continued detention of the petitioner is not required.

Accordingly, 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 co-operate with the trial of the case.

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

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

(e) Petitioner shall not leave the country without the permission of the jurisdictional Court.

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.