Linto Stephen vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.56/2022 of Central Police Station, Ernakulam. The offences alleged against the petitioner are under Sections 313, 376, 376(2)(n) of the Indian Penal Code, 1860.

The prosecution case is that on 28.01.2019, the petitioner indulged in a sexual relationship with the victim after giving a false promise of marriage, thereby committing the act of rape. The prosecution also alleges that the petitioner repeatedly committed rape on other days also, and the defacto complainant became pregnant in January 2020 and the accused compelled her to undergo abortion, thereby committing the offences alleged.

Sri.E.S.Saneej, learned counsel for the petitioner contended that the entire case is falsely foisted against the petitioner and that the petitioner is totally innocent. It is also submitted that the petitioner was arrested on 16.05.2022 and has been in custody since then. Learned Counsel pointed out that the victim has raised a false complaint since the petitioner married another lady recently. It was also submitted that the allegation itself relates to an incident alleged to have occurred more than 2 years ago and hence, the continued detention of the petitioner is not warranted.

Smt.Nima Jacob, learned Public Prosecutor on the other hand opposed the the grant of bail and pointed out that petitioner committed a serious offence, by committing rape on the victim after giving false promise of marriage. The learned Public Prosecutor pointed out that the allegation of the petitioner is not entirely correct, since the FIR was registered on 14.01.2022, while the marriage of the petitioner took place on 18.02.2022 and the same was carried out to overcome the request of the victim for marriage.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since the petitioner was remanded to judicial custody on 16.05.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

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 victim or their family members;

(iv) Petitioner shall not commit any offence 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.