Muhammed Hashim M.P vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

The petitioner is the accused in Crime No.826/2021 of Hosdurg Police Station, Kasaragod District alleging commission of offence under Section 376(2)(n) of the Indian Penal Code.

The allegation against the petitioner is that he committed sexual assault and rape on the de-facto complainant while the de-facto complainant was working as a sales girl in a shop owned by the petitioner. It is alleged that the de-facto complainant had consented to the sexual relationship owing to a false promise of marriage.

The learned counsel for the petitioner submits that the allegations against the petitioner are absolutely incorrect and false. It is submitted that even assuming that there was some relationship between the petitioner and the de-facto complainant, the same was purely consensual and there was no promise to marry since the petitioner was already married which, is a fact known to the de-facto complainant. It is submitted that the petitioner has been in custody from 29.10.2021 and further custody of the petitioner is not necessary for the purposes of investigation.

I have heard the learned Public Prosecutor also.

The learned Public Prosecutor opposes the grant of bail. He submits that this is a case where the petitioner misused his position as the employer of the de-facto complainant and forced her to a sexual relationship under a false promise to marry her. He submits that this is case where the promise to marry is false at the inception itself as the petitioner is already a married person. He submits that a consent obtained by fraud clearly amounts to rape as defined in Section 375 of the Indian Penal Code.

Having regard to the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 29.10.2021 and also considering the fact that the continued detention of the petitioner may not be necessary for completion of investigation into Crime No.826/2021 of Hosdurg Police Station, Kasaragod District, I am of the view that the petitioner can be granted bail subject to strict conditions to ensure that he does not interfere the investigation in any manner.

In the result, this application is allowed and 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 for the like sum to the satisfaction of the Jurisdictional Court;

(ii) The petitioner shall appear before the investigating officer in Crime No.826/2021 of Hosdurg Police Station, Kasaragod District on every Saturday at 11.00 am until further orders;

(iii) The petitioner shall not attempt to contact the de-facto complainant or to interfere with the investigation or influence or intimidate the de-facto complainant or any witness in Crime No.826/2021 of Hosdurg Police Station, Kasaragod District;

(iv) The petitioner shall not enter the local limits of the Hosdurg Police Station where the de-facto complainant is residing except for the purpose of complying with condition No.(ii) above;

(v) The petitioner shall surrender his passport before the Jurisdictional Court. If the petitioner does not have a passport, he shall execute affidavit to that effect and file the same before the said court within seven days of release on bail;

(vi) 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.826/2021 of Hosdurg Police Station, Kasaragod District may file an application before the Jurisdictional Court, for cancellation of bail.