Jayesh vs Station House Officer And Ors

The appellant is the accused in Crime No.839/2020 of Hill Palace Police Station, Tripunithura. The said crime is registered for the offences under

Section 376 (2) (n) of the Indian Penal Code and Section 3 (2) (v a) of the Schedule Castes and Schedule Tribes (Prevention of Atrocities) Act.

It is alleged that the defacto complainant and the accused met through Social Media and thereafter their acquaintance grew, which was misused by

the appellant who later committed rape on the defacto complainant at various places. The application for bail filed as Crl.M.C.No.1751/2020, was

dismissed by the Sessions Court, Ernakulam by judgment dated 24.09.2020 against which the present appeal is preferred.

I have heard the learned counsel for the appellant as well as the learned Special Public Prosecutor. No objections have been filed by the State.

Though notice has been served on the first respondent- the victim, none appears. There have been postings on 29.09.2020, 6.11.2020 as well as

22.12.2020. Inspite of those postings there has been no representation for the first respondent at any time.

The prosecution case in brief is that the petitioner, in order to satisfy his lust, falsely promised to marry the defacto complainant and committed rape

on her and abused her sexually, on multiple occasions.

Taking note of the agreements of the learned counsel for the appellant as well as the pleadings and the circumstances arising, I am of the view that

this is a fit case where anticipatory bail can be granted. Accordingly, the appellant shall be released on bail in the event of his arrest on the following

conditions:

i. The appellant shall make himself available for interrogation before the Investigating officer within ten days from today. He shall also make himself

available for interrogation before the Investigating Officer as and when directed by the Investigating Officer in writing to do so;

ii. If the appellant is arrested prior to, or after his appearance before the Investigating Officer in terms of this order, he shall be released from custody

on execution of a bond for Rs.25,000/- with two solvent sureties each for the like sum.

iii. The appellant shall not influence or intimidate the prosecution witnesses nor shall he attempt to tamper with the evidence of the prosecution.

iv. The appellant shall not involve in any other offence while on bail.

Criminal Appeal is allowed as above.