Prasad vs State Of Kerala

Gopinath P, J

The petitioner is the accused in Crime No.784/2021 of Kodungallur Police Station, Thrissur District alleging commission of offence under Section 376(2)(n) of the Indian Penal Code.

The allegation against the petitioner is that under the false pretext of marriage, he had committed rape on the de facto complainant on two days in the months of March and April, 2021. Crime No.784/2021 was registered on the basis of information given by the de facto complainant on 13.7.2021.

The learned counsel for the petitioner submits that even going by the First Information Statement given by the de facto complainant, she and the petitioner were in love with each other. It is submitted that there cannot be a question of false promise to marry as the de facto complainant was the legally wedded wife of one Faisal. It is also submitted that the de facto complainant has filed a complaint alleging the commission of offence under Section 498A of the Indian Penal Code against the aforesaid Faisal and her mother-in-law barely one week before lodging the complaint against the petitioner. The learned counsel therefore submits that even going by the First Information Statement, the relationship between the petitioner and the de facto complainant was purely consensual and cannot constitute rape as defined in Section 375 of IPC.

The learned Public Prosecutor on instructions would submit that the investigation in the matter is progressing and that the allegations against the petitioner are quite serious. It is submitted that, going by the First Information Statement of the de facto complainant, though she had objected to any sexual relationship with the petitioner before their marriage is formalised, the petitioner had forced himself on the de facto complainant and therefore, there is rape as defined in Section 375 of IPC.

The petitioner has been in custody from 12.10.2021. It is true that the allegations against the petitioner are serious. However, further custodial interrogation of the petitioner may not be necessary, in the facts and circumstances of the case.

Therefore, having regard to the facts and circumstances of the case, I am inclined to grant bail to the petitioner by imposing conditions to ensure that the petitioner co-operates with the investigation and does not interfere with the investigation in any manner. Accordingly, this bail application is allowed. 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.784/2021 of Kodungallur Police station on every Saturday at 11 am until further orders;

(iii) The petitioner shall not attempt to interfere with the investigation or influence any witness in Crime No. 784/2021 of Kodungallur Police station;

(iv) 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;

(v) 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.784/2021 of Kodungallur Police Station may file an application before the jurisdictional Court, for cancellation of bail.