Rajeev vs State Of Kerala

Bechu Kurian Thomas, J

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

Petitioner is the accused in Crime No.1109 of 2022 of Vaikom Police Station registered for the offences punishable under Sections 450 and 376(2)(n) of the Indian Penal Code, 1860.

The prosecution case is that, petitioner is alleged to have committed rape on the victim, after promising to marry her and thereby committed the offences, alleged.

Sri.Saji Sankaran Nair, the learned counsel for the petitioner, submitted that the prosecution case is false and  that  the  incident  as  alleged  had  never  occurred. It was further submitted that even if the entire prosecution case  is accepted  for  argument's  sake, still it can only make out a case of consensual relationship and therefore, petitioner ought to be released on bail. It  was  submitted that petitioner  was  arrested on 15.07.2022 and has been in custody since then.

Sri.Noushad K.A., the learned Public Prosecutor, opposed the grant of bail and submitted that the petitioner is alleged to have committed a serious offence and that the investigation is only at the preliminary stage and hence releasing the petitioner on bail now will cause prejudice to the investigation.

I have perused the statement given by the victim. The victim is a married lady, aged 33 years, with two children. Her marriage is still subsisting. The prosecution case is that, based upon a false promise to marry, the petitioner had engaged in a physical relationship with the victim repeatedly and later backed out of the promise and thus committed rape on the victim. The relationship between the petitioner and the victim is stated to have commenced from 14.10.2021 and continued till 03.07.2022 when certain political party members stopped the petitioner while he was coming out of the house of the victim.

Having regard to the aforesaid circumstances and considering the nature of allegations, I am of the view that the continued detention of the petitioner is not required. 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  offence 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.