Nixon vs State Of Kerala

Bechu Kurian Thomas, J

This is an application seeking regular bail filed under Section 439 of the Code of Criminal Procedure, 1973.

Petitioner is the sole accused in Crime No.899 of 2022 of Mala Police Station, Thrissur. The offences alleged against the petitioner are under section 376(2)(n) of the Indian Penal Code. 1860.

According to the prosecution, the accused committed rape on the victim on 31.12.2019 and continued to indulge in a physical relationship during the years 2020 and 2021, after promising to marry her and thereafter, backed out of the said promise, thereby committing the offences alleged.

Sri.N.L.Bitto, learned Counsel for the petitioner contended that the entire prosecution allegations are false and the incident as alleged had never occurred. It was further submitted that, even if the allegations are assumed to be true, the same would only reveal instances of a consensual sexual relationship between two persons, who are both majors. It was further submitted that petitioner was arrested on 04.10.2022 and has been in custody in since then.

Sri.K.A.Noushad, learned Public Prosecutor on the other hand opposed the grant of bail and contended that the statement of the victim clearly reveals that on 31.12.2019, she was subjected to forcible rape and thereafter petitioner had promised to marry her and continued to indulge in sexual relationship by force, despite the resistance of the victim. It was also submitted that consequent to filing an application for registering the marriage, petitioner failed to appear on the date fixed for solemnizing the marriage and thereby committed the offences alleged. It was also submitted that though the petitioner was arrested on 04.10.2022, considering the gravity of the offences, the continued detention of the petitioner is essential.

I have considered the rival contentions and perused the statement of the victim.

Petitioner and the victim are both aged 24 years. The relationship between them started in 2019 and continued in the succeeding years also. Even though the allegations are serious in nature, considering the period of detention already undergone, I am of the view that the circumstances do not warrant, continued detention of the petitioner. Accordingly, I allow this application.

In the result, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the court having jurisdiction.

(b) Petitioner shall appear before the Investigating Officer as and when required.

(c) Petitioner shall not intimidate or attempt to influence the witnesses; nor shall he tamper with the evidence or contact the defacto complainant or her family members.

(e) Petitioner shall not commit any similar offences while he is on bail.

(f) Petitioner shall not leave India without the permission of the Court having jurisdiction.

In case of violation of any of the above conditions, the jurisdictional Court shall be empowered to consider the application for cancellation, if any, and pass appropriate orders in accordance with the law, notwithstanding the bail having been granted by this Court.