Mukhil vs State Of Kerala

Gopinath P., J

This is an application for regular bail.

Petitioner is the accused in Crime No.759/2021 of Guruvayoor Temple police station, alleging commission of offences under Sections 376(2)(n),

323, 312 and 313 of the Indian Penal Code.

Allegation against the petitioner is that the petitioner entered into a relationship with the de facto complainant on the false promise of marriage and

sexually abused her and committed rape on her on that pretext several times for the period from 01.04.2020 till 29.10.2021 It is also alleged that after

the de facto complainant became pregnant, the petitioner forced her to have some medicine, for the purpose of abortion, which resulted in further

complications following which the de facto complainant had to be treated at the hospital. The allegation is that the petitioner had no intention of

marrying the de facto complainant and he had obtained her consent for sexual relationship by playing fraud.

Learned counsel appearing for the petitioner submits that the petitioner has been arrested and is in custody from 08.12.2021. It is submitted that the

petitioner and the de facto complainant were in a consensual relationship and there was no promise of marriage. It is submitted that the allegation of

the petitioner having forced the de facto complainant to undergo abortion so as to attract the offence under Section 313 of the IPC is totally baseless.

It is submitted that at any rate, the continued detention of the petitioner is not necessary for the purpose of any investigation.

Learned Public Prosecutor with reference to the contents of the First Information Statement of thed e facto complainant pointed out that the

allegations of having committed the offences under Sections 312 and 313 of the Indian Penal Code are quite serious . It is submitted when the consent

for sexual relationship is obtained by fraud and on the false pretext of marriage, the offence of rape as defined under Section 375 of the IPC is clearly

attracted. It is pointed out that the grant of bail , at this stage, may affect the progress of investigation. Reliance is also placed of the judgment of the

Hon’ble Suprme Court in Deepak Gulathi v. State of Haryana [(2013) 7 SCC 675) in support of the contention that where the person enters into

sexual relationships with the woman on the false pretext of marriage, the same amounts to rape.

Having regard to the facts and circumstances of the case and considering the nature of the allegations against the petitioner, I am of the view that

continued detention of the petitioner is not necessary for the purpose of investigation into the case. Therefore, I am of the opinion that the petitioner

can be granted bail subject to conditions despite the vehement objection of the learned Public Prosecutor. Accordingly, this application for bail is

allowed and it is directed that the petitioner shall be released on bail subject to the following conditions:-

(i) The petitioner shall execute 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) Petitioner shall appear before the investigating officer in Crime No. 759/2021 of Guruvayoor Temple Police station on every Saturday at 11 am till filing of final

report;

(iii) The petitioner shall not attempt to interfere with the investigation or to influence or intimidate the de facto complainant or any witness in Crime No.759/2021 of

Guruvayoor Temple police station;

(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.759/2021 of Guruvayoor Temple police station may file an

application before the jurisdictional court, for cancellation of bail.