Javid Salim vs State Of Kerala

Application for regular bail. The petitioner is the accused in Crime No.1049/2018 of Ayiroor Police Station, Thiruvananthapuram District registered for the offences punishable under Sections 420, 376 and 506(i) of the Indian Penal Code.

The petitioner has been in custody since 12.01.2021.

The prosecution allegation is that this petitioner under a false promise of marriage procured the consent of the defacto complainant to have sexual relationship but committed rape on her on 01.05.2013. Thereafter also he continued to have sexual relationship with her on the false promise to marry till 30.09.2013 but later backed off from his promise. During that period she became pregnant and had to abort her pregnancy. When the petitioner had withdrawn from his promise to marry her, she had married another person in the year 2017 but thereafter also this petitioner continued to threaten her to have relationship with him and he told that he would disclose the previous incidents to her husband to put her under pressure. When he came to know that the defacto complainant's husband is abroad, he used to pester her and her husband and thereby committed the aforesaid offences.

The learned counsel for the petitioner has submitted that, in fact the petitioner was having close relationship with the defacto complainant during 2013, but he was not aware that she was pregnant. Later he came to know that she married another person and is residing with him as his wife. He never harassed her as alleged by the prosecution. Moreover, it is also pointed that though she preferred a complaint against him on 25.09.2018, the police could not collect any materials to show that he had caused any kind of disturbance to her by pestering her as alleged by the prosecution or exploiting his earlier relationship with her. But he is undergoing unnecessary incarceration for the last morethan 60 days and hence the application. In her marriage with her husband she had become pregnant but she had a miscarriage and when she was admitted in the hospital it was informed by the doctor that it was her second abortion. In order to save herself from the consequence of her relationship with the petitioner during 2013 as well her marriage, she had falsely implicated him in the alleged crime. In fact he is totally innocent and he has no connection with the defacto complainant whatsoever after 2013.

The learned Public Prosecutor would submit that as the investigation of the case has not been completed, granting of bail may hamper the smooth course of investigation. Hence the application is opposed.

Having regard to the nature of the accusation levelled against this petitioner, the fact that she has preferred the complaint only on 25.09.2018, though she was having relationship with him during 2013 as well the other facts and circumstances involved in this case and also the period of detention undergone by him in custody, I am inclined to release him on bail subject to the following conditions:

(i) The petitioner shall be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two solvent sureties for the like sum each to the satisfaction of the court having jurisdiction.

(ii) The petitioner shall appear before the Investigating Officer for interrogation as and when required by him, in writing.

(iii) The petitioner shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.

(iv) The petitioner shall not commit any offence while on bail.

(v) The petitioner shall surrender his passport before the Judicial First Class Magistrate within a period of one week of his release and the Judicial First Class Magistrate can retain the passport and it can be released to him only after filing the final report by the investigating agency.

In case of violation of any of the above conditions, the learned Magistrate is empowered to cancel the bail in accordance with the law.