Rahul P.R 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 accused in Crime No.760/2022 of Panangad Police Station alleging offences under section 376(2)(k) of the Indian Penal Code, 1860.

According to the prosecution, the victim who is an employee of the petitioner's firm was subjected to rape on 26.05.2022 and thereby committed the offences alleged.

Sri.P.Jinish Paul, the learned counsel for the petitioner contended that the allegations against the petitioner are false and that even if they are assumed to be true, the same would only reveal a consensual relationship. It was further submitted that the alleged promise of marriage is unbelievable since the victim was aware about the petitioner's existing marriage and in such circumstances, since the petitioner was arrested on 21.07.2022, the continued detention may not be permitted.

Smt.M.K.Pushpalatha, the learned Public Prosecutor opposed the grant of bail and contended that petitioner has committed a heinous crime and that he may influence or threaten the witnesses, if he is released on bail, at this juncture.

A perusal of the case diary reveals that prima facie there are materials on record to connect the petitioner with the crime. However, since petitioner was remanded to judicial custody on 21.07.2022, I am of the view that the continued detention of the petitioner is not required in the circumstances of the case. Therefore, the petitioner is entitled to be released on bail.

In the result, 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.

(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.

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.