Nidhin Ravi vs State Of Kerala

Dr. Kauser Edappagath, J

This appeal has been preferred against dismissal of the bail application by the Sessions Court, Pathanamthitta (for short, 'the court below') in Crl.M.P.No.1967/2021 dated 5th November, 2021.

The offence alleged against the appellant are under Sections 450 and 376(2)(n) of IPC and S.(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

The prosecution case in short is that the accused trespassed into the residence of the victim during the period from 20/4/2020 to 20/8/2021 and committed rape on her on various occasions and thereby committed the offence.

Heard the learned counsel for the appellant as well as the learned Special Public Prosecutor.

The victim is a person belonging to Scheduled Caste. The appellant is not a person belonging to Scheduled Caste or Scheduled Tribe. The appellant is in custody since 29/10/2021.

The victim entered appearance through counsel. The victim has also sworn in an affidavit which has been marked as Annexure D. Annexure D would show that the matter has been settled between the parties. Both counsel submitted that parties have agreed to marry once the appellant is released on bail. Anyway, the appellant is in custody since 29/10/2021. Considering all these facts, I am of the view that further detention of the appellant is not necessary and he is released on bail on the following conditions:-

(i) The appellant shall be released on bail on executing a bond for Rs.1,00,000/- (Rupees One lakh only) with two solvent sureties for the like sum each to the satisfaction of the court below.

(ii) The appellant shall fully co-operate with the investigation.

(iii) The appellant shall appear before the investigating officer between 10.00 a.m and 11.00 a.m on every Saturday until further orders. The appellant shall also appear before the investigating officer as and when required by him.

(iv) The appellant shall not commit any offence of like nature while on bail.

(v) The appellant shall not make any attempt to contact any of the prosecution witnesses, directly or through any other person, or in any other way try to tamper with the evidence or influence any witnesses or other persons related to the investigation.

(vi) The appellant shall not leave State of Kerala without the permission of the trial court.

Criminal appeal is allowed as above.