Nithin C. Joseph vs State Of Kerala

Gopinath P, J

This is an application for regular bail.

Petitioner is the accused in Crime No.576/2021 of Vandanmedu police station, Idukki District, alleging commission of offences under Sections 450 and 376(2)(n) of the Indian Penal Code.

The allegation against the petitioner is that, on the false pretext of marriage, he committed rape and sexual assault on the de facto complainant, who is a married woman having two children.

Learned counsel appearing for the petitioner would submit that the petitioner and the de facto complainant were admittedly in relationship and that the sexual relationship between them was purely consensual. He submits that the petitioner had every intention of marrying the de facto complainant. He submitted that, on a particular day, the petitioner was caught in the company of the de facto complainant at her house and this led to several issues at the instance of her brother and other family members and neighbours and his parents and relatives were also called to the scene. It is submitted that the parents and relatives of the petitioner were not willing to solemnise the marriage of the petitioner and the de facto complainant and when this was informed to the family of the de facto complainant, the present complaint which led to registration of Crime No.576/2021 of Vandanmedu police station has filed.

Learned Public Prosecutor, on instructions, submits that the investigation conducted thus far reveals that the petitioner and the de facto complainant were in a relationship. She submits that the investigation is only progressing and the release of the petitioner on bail at this stage would not be proper. She also submits that the parents and relatives of the petitioner had compelled the petitioner to withdraw from the promise of marriage and they offered some money instead to the de facto complainant.

Considering the facts and circumstances of the case and considering the fact that the petitioner has been in custody from 01.10.2021, I am of the opinion that the petitioner can be released on bail subject to strict conditions so as to ensure that he does not interfere with the investigation of the case in any manner. Accordingly, this application for regular 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 for the like sum to the satisfaction of the jurisdictional Court;

(ii) Petitioner shall appear before the investigating officer in Crime No.576/2021 of Vandanmedu Police station on every Saturday at 11 am until further orders;

(iii) The petitioners shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.576/2021 of Vandanmedu police station;

(iv) The petitioner shall not enter the local limits of the Vandanmedu 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 an 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.576/2021 of Vandanmedu police station may file an application before the jurisdictional court, for cancellation of bail.