Rahul T P vs State Of Kerala

Gopinath P., J

The petitioner is the accused in Crime No.32/2022 of Guruvayoor Temple Police Station, Thrissur District alleging commission of offences under

Section 376 (1) of the Indian Penal Code and Section 67 of the Information Technology Act.

The allegation against the petitioner is that on 19-01-2021 at 9 p.m at the KTDC Hotel near Guruvayoor the petitioner committed rape on the de

facto complainant. It is also alleged that the petitioner took nude photographs of the de facto complainant and transmitted the same through Whatsaap

to her son.

The learned counsel appearing for the petitioner with reference to Anexure-A2, submits that there were some financial transactions between the

parties. It is submitted that Annexure-A2 agreement dated 16-04-2021 refers to settlement of financial issues between the parties. It is submitted that

Annexure-A2 is after the date of the alleged rape. It is also pointed out with reference to Annexure-A3 that even much after the alleged date of rape,

the petitioner and the de facto complainant were chatting to each other on friendly terms and further that the chats indicate that the petitioner and the

de facto complainant were in a relationship. It is submitted that the offence of rape as alleged is not attracted in the facts and circumstances of the

case.

The learned Public Prosecutor opposes the grant of bail. It is submitted that the allegations against the petitioner are serious. It is submitted that the

petitioner was arrested only on 19-01-2022 and that it would be too premature to release the petitioner on bail.

Having regard to the facts and circumstances of the case and considering the fact that his continued detention may not be necessary for the

purposes of any investigation and also taking into account the contents of Annexures-A2 and A3, I am of the opinion that the petitioner can be granted

bail subject to conditions.

In the result this bail application is allowed. It is directed that the petitioner shall be released on bail, subject to the following conditions:-

(i) The petitioner shall execute a 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) The Petitioner shall report before the Investigating officer in Crime No.32/2022 of Guruvayoor Temple Police Station on every Saturday at 11 a.m until filing of final

report;

(iii) The petitioner shall not attempt to interfere with the investigation, influence or intimidate the de facto complainant or any witness in Crime No.32/2022 of

Guruvayoor Temple Police Station;

(iv) The petitioner shall not enter Kollam District (where the de facto complainant resides) for a period of 6 months from today;

(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.32/2022 of Guruvayoor Temple Police Station may file an

application before the jurisdictional Court for cancellation of bail.