Pradees Madhavan 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.425/2022, of the Infopark Police Station, Ernakulam, alleging offences under Sections 354 and 354(A)(2)(1) r/w Sections 354(A)(1)(i)(ii), 509, 506(i), 376, 376(2)(k)(n) and 313 of the Indian Penal Code, 1860.

The prosecution case is that after promising to provide employment to the victim and consequent to a promise of marriage, the accused outraged her modesty and committed rape on her, on various occasions from 2020 July onwards and even caused miscarriage of her pregnancy and subsequently, backed out of the promise and thereby committed the offence of rape.

Shri.Sunil Kumar, the learned counsel for the petitioner contended that the entire prosecution case is false and that even if the allegations are assumed to be correct, still the same would only reveal a consensual relationship. It was also pointed out that the petitioner is a married person which was known to the victim and therefore, there could never have been a physical relationship with a false promise of marriage. It was further submitted that the petitioner was arrested on 01.07.2022 and considering the nature of allegations, the continued detention of the petitioner is not warranted.

Shri.R.O.Muhamed Shemeem, the learned counsel appearing for the victim, opposed the grant of bail and submitted that petitioner exploited the victim after promising to marry her and that she was unaware of the subsisting marriage of the petitioner.

Shri.Noushad K.A., the learned Public Prosecutor opposed the grant of bail and contended that the investigation is only progressing and therefore, releasing the petitioner on bail at this juncture would prejudice the investigation.

I have considered the contentions and have perused the statement of the victim as well as the connected records. Taking note of the contentions raised, I am of the view that the continued detention of the petitioner is not warranted.

Accordingly, this application is allowed on the following conditions:-

(a) Petitioner shall be released on bail on him executing a 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 victim or her family members either directly or indirectly.

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

(e) Petitioner shall not leave India without the permission of the Court having jurisdiction. If any application for permission is filed, the Court shall pass appropriate orders only after giving notice of the application to the victim.

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.