Lithin. P vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

The petitioner is the sole accused in Crime No.1033 of 2022 of Medical College Police Station, Kozhikode District, alleging commission of offences under Sections 376(2)(n) and 406 of the Indian Penal Code. The allegation against the petitioner is that during the period from 19.10.2022 to 02.11.2022, the petitioner had on the false promise of marriage, indulged in sexual relationships with the victim at various places. It is alleged that the petitioner also made the victim believe that she was his legally wedded wife by conducting a fake marriage at a temple in Calicut. It is alleged that thereafter, the petitioner and the victim lived together in a rented house and the petitioner also misappropriated gold ornaments of the victim and thereafter abandoned the victim.

The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the victim was in a subsisting marriage during the period to which the allegations relate. It is submitted that the petitioner has been in custody from 23.11.2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of the case.

The learned Public Prosecutor vehemently opposes the grant of bail. It is pointed out that there are very serious allegations against the petitioner and the petitioner had clearly committed rape after promising to marry the victim. It is submitted that the fact that a fake marriage ceremony was held at a temple in Calicut itself shows that the petitioner had every intention to cheat the de-facto complainant. It is submitted that the matter is under investigation and the release of the petitioner on bail at this point of time may not be conducive to the investigation.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the opinion that the petitioner can be granted bail subject to conditions . The petitioner has been in custody from 23.11.2023. The continued detention of the petitioner is not stated to be necessary for the purpose of completing the investigation into the crime registered against him. No criminal antecedents are reported against the petitioner. The only apprehension can be that the petitioner may influence or intimidate the victim if he is granted bail. The same can be taken care of by imposing suitable conditions.

In the result, this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a bond for a sum of Rs.50,000/-(Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the jurisdictional Court;

(ii) The petitioner shall report before the Investigating officer in Crime No.1033 of 2022 of Medical College Police Station, Kozhikode District, as and when summoned to do so;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the victim or any witness in Crime No.1033 of 2022 of Medical College Police Station, Kozhikode District;

(iv) The petitioner shall not involve in any other crime while on bail.

If  any  of  the  aforesaid  conditions  are  violated,  the Investigating officer in Crime No.1033 of 2022 of Medical College Police Station, Kozhikode District, may file an application before the Jurisdictional Court for cancellation of bail.